STATE v. COOK


170 N.J. Super. 499 (1979)

406 A.2d 1340

STATE OF NEW JERSEY, PLAINTIFF, v. HERBERT COOK AND BENJAMIN JACKSON, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided September 25, 1979.


Attorney(s) appearing for the Case

Mr. William A. Fox, Assistant Prosecutor, for the State of New Jersey (Mr. Donald S. Coburn, Essex County Prosecutor, attorney).

Mr. Joseph P. Brennan, Jr. for defendant Herbert Cook.

Mr. Thomas R. Ashley for defendant Benjamin Jackson (Messrs. Ashley & Charles, attorneys).


JOSEPH F. WALSH, J.S.C.

This is a motion to suppress currency and gambling slips, allegedly taken from defendant Jackson after he made certain responses to a police officer who had not as yet given the Miranda warnings. The seizure was based on these responses.

Presently there are two issues before the court. First, was defendant's inculpatory statement obtained in violation of his fifth amendment protection against self-incrimination? And if so, is...

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