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STATE v. DOMICZ

873 A.2d 630 (2005)

377 N.J. Super. 515

STATE of New Jersey, Plaintiff-Respondent, v. Keith R. DOMICZ, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 23, 2005.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, of counsel and on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Leslie-Ann M. Justus, Deputy Attorney General, of counsel and on the brief).

Before Judges FALL, PAYNE and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

Defendant appeals the denial of his motion to suppress evidence gathered by police during a purported consent search of his home — a search preceded by a warrantless thermal scan of that home and a warrantless search of a power company's records of the use of electricity there. Because the trial judge mistakenly failed to recognize the illegality of the...

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