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STATE v. NOVEMBRINO

200 N.J. Super. 229 (1985)

491 A.2d 37

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. OTTAVIO NOVEMBRINO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Remanded October 19, 1984.

Submitted March 12, 1985.

Decided April 11, 1985.

Attorney(s) appearing for the Case

Susan B. Gyss, Assistant Prosecutor, argued the cause for appellant (Harold J. Ruvoldt, Jr., Prosecutor of Hudson County, attorney; Susan B. Gyss on the brief).

Joseph Charles argued the cause for respondent (Ashley and Charles, attorneys; Joseph Charles of counsel and on the letter brief.

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

The opinion of the court was delivered by J.H. COLEMAN, J.A.D.

The novel issue raised on this appeal is whether New Jersey should adopt a good faith exception to the exclusionary rule where evidence is seized pursuant to a search warrant issued without probable cause. On April 9, 1984, the Law Division ordered suppression of evidence seized on June 2, 1983 because probable cause to issue the warrant had not been established. We now affirm that determination. Subsequent...

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