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STATE v. EARLS

No. A-2084-07T4.

22 A.3d 114 (2011)

420 N.J. Super. 583

STATE of New Jersey, Plaintiff-Respondent, v. Thomas W. EARLS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 2011.

Attorney(s) appearing for the Case

Yvonne Smith Segars , Public Defender, attorney for appellant ( Alison Perrone , Designated Counsel, on the brief).

Paula T. Dow , Attorney General, attorney for respondent ( Brian Uzdavinis , Deputy Attorney General, of counsel and on the brief).

Before Judges PARRILLO, SKILLMAN and ROE.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

The primary issue presented by this appeal is whether the use of cell phone site information, obtained by the police without a warrant from a suspect's cell phone provider to determine his general location, violates the Fourth Amendment or Article I, paragraph 7, of the New Jersey Constitution. We conclude that the use of such information to determine a...

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