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STATE v. HUTCHINS

226 N.J. Super. 454 (1988)

544 A.2d 890

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BOBBY ERIC HUTCHINS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 1988.

Attorney(s) appearing for the Case

Herbert H. Tate, Jr., Essex County Prosecutor, attorney for appellant, (Marc J. Friedman, Assistant Prosecutor, of counsel and on the brief).

Alfred A. Slocum, Public Defender, attorney for respondent (David L. Kervick, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges KING and D'ANNUNZIO.

The opinion of the court was delivered by D'ANNUNZIO, J.A.D.

Pursuant to leave granted, the State appeals an order suppressing evidence seized from defendant and sought to be utilized in a prosecution under Essex County Indictment 3303-11-84, charging possession of heroin and possession with intent to distribute. The issue is whether an exigency created by police action can justify a warrantless search.

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