STATE v. ALVAREZ


238 N.J. Super. 560 (1990)

570 A.2d 459

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ERIC ALVAREZ AND PAUL BARTLEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 1990.


Attorney(s) appearing for the Case

Jack J. Lipari, Assistant Prosecutor, argued the cause for appellant (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; Jack J. Lipari on the letter-brief).

John L. Hehre, Assistant Deputy Public Defender, argued the cause for respondent Alvarez (Thomas S. Smith, Jr., Acting Public Defender, attorney; John L. Hehre on the letter-brief).

Respondent Paul Bartley's brief was suppressed.

Before Judges BAIME and KEEFE.


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

We granted the State's motion for leave to appeal from an order of the Superior Court, Law Division, suppressing approximately one ounce of cocaine and related drug paraphernalia seized by the police in a warrantless search of defendant Eric Alvarez's hotel room. The Law Division judge found that the search was not supported by probable cause and that the evidence was not within the plain view of the arresting...

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