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NEW JERSEY D.E.P. v. DURAN

251 N.J. Super. 55 (1991)

596 A.2d 1090

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT, v. GERALD DURAN, SR., AND GERALD DURAN, JR., DEFENDANTS-APPELLANTS, v. EDWARD VANCE, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1991.

Attorney(s) appearing for the Case

McKenna, Liska and Leone, attorneys for appellants (Paul F. Jannuzzo, of counsel and on the brief).

Robert J. Del Tufo, Attorney General, attorneys for respondent (Mary C. Jacobson, Deputy Attorney General, of counsel, James M. Murphy, Deputy Attorney General, on the brief).

Before Judges ANTELL, O'BRIEN and SCALERA.

PER CURIAM.

On October 6, 1989 the New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife (DEP) issued complaints to Gerald Duran, Sr. and his son, Gerald Duran, Jr., (the defendants) for possessing 214 detached American short lobster tails in violation of N.J.S.A. 23:5-9b. They moved to suppress the evidence seized, challenging the warrantless search made by DEP personnel and the accuracy of the measurement device used on the...

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