STATE v. ASTALOS


160 N.J. Super. 407 (1978)

390 A.2d 144

STATE OF NEW JERSEY, v. GEORGE J. ASTALOS AND CHARLES D. VAN ALLEN, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 17, 1978.


Attorney(s) appearing for the Case

Mr. Michael C. Shale, Assistant Deputy Public Defender, for defendant Van Allen (Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney).

Mr. Anthony F. Picheca, Jr., for defendant Astalos.

Mr. Howard B. Epstein, Assistant Prosecutor, for the State of New Jersey (Mr. David Linett, Somerset County Prosecutor, attorney).


MEREDITH, J.S.C.

Motion to suppress evidence as having been illegally obtained pursuant to a warrantless search is made by co-defendants Charles Van Allen and George Astalos. Based on testimony elicited at the hearing of this motion, the court finds the facts to be as follows.

On December 8, 1977 defendants' vehicle, which was proceeding along Interstate 287 southbound, was radar-clocked as doing 74 m.p.h. in a 55 m.p.h. zone. On this basis, New Jersey State...

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