STATE v. APOSTOLIS


93 N.J. 143 (1983)

459 A.2d 1158

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL J. APOSTOLIS AND NICHOLAS J. APOSTOLIS, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 16, 1983.


Attorney(s) appearing for the Case

William B. Smith, Assistant Prosecutor, argued the cause for appellant (Richard S. Rebeck, Middlesex County Prosecutor, attorney).

Jane G. Kleinfeld, Assistant Deputy Public Defender, argued the cause for respondent Nicholas J. Apostolis (Joseph H. Rodriguez, Public Defender, attorney).

Jack Venturi argued the cause for respondent Michael J. Apostolis (Robert Bradley Blackman, attorney).


PER CURIAM.

This case raises the identical issue discussed in the companion case of State v. Valencia, 93 N.J. 126 (1983), namely, under what circumstances may a search conducted solely upon the authorization given by a judge over the telephone be considered valid.

On February 28, 1981 officers of the Edison Township Police Department conducted a narcotics raid leading to the arrest of a woman. In order to help the arrested...

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