STATE v. VALENCIA


93 N.J. 126 (1983)

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. GUILLERMO LEON VALENCIA, FRANCISCO GOMEZ AND ARTURO GOMEZ, DEFENDANTS-RESPONDENTS, AND GUILLERMO LEON HERRARA, DEFENDANT.

The Supreme Court of New Jersey.

Decided May 16, 1983.


Attorney(s) appearing for the Case

Phillip L. Halpern, Assistant Prosecutor, argued the cause for appellant (Charles R. Buckley, Acting Hudson County Prosecutor, attorney).

Ralph J. Lamparello argued the cause for respondents (Olivieri & Lamparello and Vincent J. D'Elia, attorneys).


The opinion of the Court was delivered by HANDLER, J.

This case requires the Court to determine the validity of a search that was judicially authorized over the telephone.

On May 15, 1980 Detective James Scales of the Jersey City Police Department, while conducting surveillance at 401 Summit Avenue, Jersey City, observed defendant Guillermo Valencia enter the apartment building and proceed up the stairs and out of sight. About 10 minutes later, Valencia emerged...

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