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STATE v. POHLE

166 N.J. Super. 504 (1979)

400 A.2d 109

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROBERT THOMAS POHLE AND ROBERT CAPUTI, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1979.

Attorney(s) appearing for the Case

Mr. John H. Stamler, Union County Prosecutor, attorney for appellant (Mr. Robert D. Clarke, Assistant Prosecutor, of counsel and on the brief).

Mr. Stanley C. Van Ness, Public Defender, attorney for respondents (Mr. Paul M. Klein, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. Edward Goldberg, attorney for defendant Robert T. Pohle.

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by CONFORD, P.J.A.D. (retired; temporarily assigned).

This appeal primarily implicates the question whether a 1977 inspection and search of an air freight shipment by an airlines employee is to be regarded as a governmental search for constitutional purposes. Our determination of the question is in the negative, and we reverse an order to suppress evidence based on a contrary ruling in the Law Division. 160...

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