STATE v. MOLLICA


217 N.J. Super. 95 (1987)

524 A.2d 1303

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PRIMO V. MOLLICA AND AUGUSTINE FERRONE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 1987.


Attorney(s) appearing for the Case

Larry R. Etzweiler, Deputy Attorney General, argued the cause for appellant (W. Cary Edwards, Attorney General, attorney; Larry R. Etzweiler on the brief).

Dennis O'Connor argued the cause for respondent Primo V. Mollica (Dennis O'Connor, attorney).

Francis J. Hartman argued the cause for respondent Augustine Ferrone (Francis J. Hartman, attorney; Charles H. Nugent, Jr. on the brief).

Before Judges ANTELL, BRODY and D'ANNUNZIO.


The opinion of the court was delivered by, ANTELL, P.J.A.D.

In State v. Hunt, 91 N.J. 338 (1982), it was decided that telephone toll billing records are subject to suppression for use as evidence under Article I, par. 7 of the New Jersey Constitution when seized by the police in a warrantless search. The question presented on this appeal by the State is whether such toll records may be relied on as proof of probable cause for...

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