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STATE v. FRANKEL

847 A.2d 561 (2004)

179 N.J. 586

STATE of New Jersey, Plaintiff-Respondent, v. Gary N. FRANKEL, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 12, 2004.

Attorney(s) appearing for the Case

William H. Buckman, Rutland, VT, argued the cause for appellant.

Analisa Sama Holmes, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).

Philip G. Gallagher, New York City, argued the cause for amici curiae, Association of Criminal Defense Lawyers of New Jersey and American Civil Liberties Union of New Jersey (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Gallagher and Lawrence S. Lustberg, on the brief).

Justice ALBIN delivered the opinion of the Court.

In this case, the Freehold Township Police Department received an open line 9-1-1 call from defendant's residence and dispatched a police officer to that address. Defendant advised the officer that he lived alone, did not make and could not account for the call, and would not consent to a search of his home so that the officer could satisfy himself that no one was in need...

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