STATE v. DeLUCA


775 A.2d 1284 (2001)

168 N.J. 626

STATE of New Jersey, Plaintiff-Respondent, v. Gino A. DeLUCA, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 10, 2001.


Attorney(s) appearing for the Case

Philip V. Lago, Designated Counsel, argued the cause for appellant (Peter A. Garcia, Acting Public Defender, attorney).

Michael J. Williams, Deputy Attorney General, argued the cause for respondent (John J. Farmer, Jr., Attorney General of New Jersey, attorney).

Gino A. DeLuca, submitted a supplemental brief pro se.


The opinion of the Court was delivered by VERNIERO, J.

The principal issue in this appeal is whether exigent circumstances or some other exception to the warrant requirement justified the warrantless search of defendant's electronic pager device. The trial court concluded that the police had been justified in retrieving the information from the pager as a search incident to defendant's lawful arrest. The Appellate Division disagreed, finding that the search of the...

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