STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
OTTAVIO NOVEMBRINO, DEFENDANT-RESPONDENT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 19, 1986.
Decided January 7, 1987.
Attorney(s) appearing for the Case
James E. Flynn, First Assistant Prosecutor, argued the cause for appellant (Harold J. Ruvoldt, Jr., Hudson County Prosecutor, attorney).
Joseph Charles argued the cause for respondent (Ashley and Charles, attorneys).
Allan J. Nodes, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (W. Cary Edwards, Jr., Attorney General, attorney).
Anderson D. Harkov, Assistant Deputy Public Defender, argued the cause for amicus curiae Office of the Public Defender of New Jersey (Thomas S. Smith, Jr., Acting Public Defender, attorney).
Jeffrey E. Fogel, Executive Director, submitted a brief on behalf of amicus curiae American Civil Liberties Union of New Jersey.
Joseph A. Hayden, Jr., submitted a brief on behalf of amicus curiae Association Criminal Defense Lawyers of New Jersey (Joseph A. Hayden, Jr., attorney; Harvey Weissbard and Judith Margulies Katz, on the brief).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by STEIN, J.
Since 1961, when the United States Supreme Court decided Mapp v. Ohio,367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, New Jersey and her sister states have been compelled by the federal constitution to exclude from the State's case-in-chief evidence obtained in violation of the fourth amendment. The so-called "exclusionary rule" has been applied in federal criminal cases...
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