STATE v. GATES


306 N.J. Super. 322 (1997)

STATE OF NEW JERSEY, PLAINTIFF, v. THOMAS C. GATES, II, JAMES W. BETTS AND WILLIAM M. BONEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Atlantic County.

Decided March 5, 1997.


Attorney(s) appearing for the Case

David Restaino, Deputy Attorney General for the State of New Jersey.

Robert Boney, Esq. for defendant Thomas C. Gates, II; James A. Waldron, Esq. for defendant James W. Betts; Michael Donohue, Esq. for defendant William M. Boney.


GAROFOLO, P.J. Cr.

At issue is whether the so-called "open field doctrine" should operate to excuse the warrantless entry onto private lands by conservation officers investigating suspected violations of the State's fish and game laws.

On December 5, 1995, deer hunters told Conservation Officer Honachefsky that shots had been heard near the Tuckahoe Turf Farms at 11:30 p.m. the night before and at 5:30 a.m. that morning. A similar report was received on December...

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