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STATE v. HEMPELE

120 N.J. 182 (1990)

576 A.2d 793

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

The Supreme Court of New Jersey.

Decided July 17, 1990.

Attorney(s) appearing for the Case

Boris Moczula argued the cause for appellant and respondent State of New Jersey (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Edward V. Gannon argued the cause for appellant James J. Pasanen (Gannon, Murphy & Schwartz, attorneys).

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

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

The opinion of the Court was delivered by CLIFFORD, J.

The issue in these appeals, argued together, is the constitutionality of warrantless seizures and searches of garbage bags left on the curb for collection.

In State v. Hempele the trial court suppressed evidence seized under a warrant obtained after the warrantless seizure and search of defendants' garbage. In State v. Pasanen the trial court denied defendant's motion to suppress evidence...

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