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STATE v. CITTA

265 N.J. Super. 208 (1990)

625 A.2d 1162

STATE OF NEW JERSEY, PLAINTIFF, v. ELIZABETH LYNN CITTA AND GREGORY FUHS, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided February 1, 1990.

Attorney(s) appearing for the Case

Nicholas L. Bissell, Jr., Prosecutor of Somerset County, Timothy M. Van Hise, Assistant Prosecutor, appearing for the State.

Donald J. Rinaldi appearing for defendant, Elizabeth Lynn Citta (De Rose and Rinaldi, attorneys).

Dennis Alan Cipriano appearing for defendant, Gregory Fuhs.

IMBRIANI, J.S.C.

Is the warrantless use of binoculars by a police officer to observe objects not visible to the naked eye an unreasonable search under the Fourth Amendment to the U.S. Constitution? We hold it is not.1 The only comment on this issue which we could find in a U.S. Supreme Court decision was dicta in On Lee v. United States, 343 U.S. 747, 754, 72 S.Ct. 967, 972, 96 L.Ed.

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