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STATE v. SAEZ

268 N.J. Super. 250 (1993)

633 A.2d 551

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDDIE SAEZ, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LUIS SAEZ, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ORLANDO NAVARRO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1993.

Attorney(s) appearing for the Case

Lorraine J. Betancourt argued the cause for appellant Eddie Saez (A. Kenneth Weiner, attorney, Ms. Betancourt on the brief).

Kim A. Fellenz argued the cause for appellant Luis Saez (Steinberg & Fellenz, attorneys, Ms. Fellenz on the brief).

Zulima V. Farber, Public Defender, attorney for respondent Orlando R. Navarro (Vincent James Sanzone, Jr., Designated Counsel, of counsel and on the brief).1

Patricia Quelch argued the cause for respondent State of New Jersey, (John Kaye, Monmouth County Prosecutor, attorney, Mark P. Stalford, of counsel).2

Before Judges LONG, D'ANNUNZIO and KEEFE.

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

Several issues are presented by this appeal. However, the issue that divides the court is the question of whether the observation by a police officer of illegal conduct through a basement party wall at the invitation of a tenant informant was an unconstitutional warrantless search. The majority concludes that it was not.

Defendants Eddie Saez, Luis Saez...

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