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STATE v. BURDIN

712 A.2d 1286 (1998)

313 N.J. Super. 468

STATE of New Jersey, Plaintiff, v. Bentin BURDIN, Defendant.

Superior Court of New Jersey, Law Division, (Criminal), Monmouth County.

Decided January 23, 1998.

Attorney(s) appearing for the Case

Michael J. Wojciechowski, Asst. Prosecutor, for plaintiff.

Bennett A. Barlyn, Deputy Attorney General, amicus curiae.

John L. Brown, Jr., Asst. Deputy Public Defender, for defendant.

CHAIET, J.S.C.

This is a motion to suppress evidence found in plain view in defendant Bentin Burdin's home by police executing a court order to search for and seize a firearm pursuant to N.J.S.A. 2C:25-28j of the "Prevention of Domestic Violence Act of 1991", N.J.S.A. 2C:25-17 to—33 (hereinafter "the Act"). The fundamental issue is whether a search pursuant to the Act can withstand constitutional scrutiny...

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