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STATE v. MARSHALL

939 A.2d 813 (2008)

398 N.J. Super. 92

STATE of New Jersey, Plaintiff-Respondent v. Quinn MARSHALL, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 29, 2008.

Attorney(s) appearing for the Case

Eric A. Gang, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Gang, on the brief).

Maura K. Tully, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Ms. Tully, of counsel and on the brief).

Appellant filed a pro se supplemental brief.

Before Judges STERN, C.S. FISHER and C.L. MINIMAN.

The opinion of the court was delivered by

FISHER, J.A.D.

Constitutional principles require that a search warrant issue only upon a finding of probable cause by a neutral and detached magistrate. We find the warrant in question unconstitutional because it issued despite the judge's implicit finding that the place to be searched was not sufficiently described and because the judge thereafter directed the police to ascertain the facts needed to accurately describe...

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