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STATE v. PASANEN

229 N.J. Super. 553 (1989)

552 A.2d 212

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES J. PASANEN, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CONRAD P. HEMPELE AND SHARON HEMPELE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1989.

Attorney(s) appearing for the Case

Susan Bielanowski argued the cause for appellant James J. Pasanen (Gannon, Murphy & Schwartz, attorneys; Edward V. Gannon, on the brief).

Boris Moczula, Deputy Attorney General, argued the cause for plaintiff-respondent, plaintiff-appellant (W. Cary Edwards, Attorney General of New Jersey, attorney; Boris Moczula, of counsel and on the brief).

Ernest F. Duh argued the cause for respondent Conrad P. Hempele.

Arthur J. Russo argued the cause for respondent Sharon Hempele.

Before Judges ANTELL, HAVEY and BROCHIN.

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

In these appeals, which we have consolidated for review, we consider the extent to which police may, without a warrant, constitutionally search for and seize evidence, from containers of household refuse. In State v. Pasanen, the trial court found that defendant's plastic garbage bags had been left out on the public roadway for collection. It held, however, that by placing a container of garbage out...

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