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STATE v. FRANK

112 N.J. Super. 592 (1971)

272 A.2d 309

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BARTON FRANK AND KAREN JUNE SHAPIRO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1971.

Attorney(s) appearing for the Case

Mr. George T. Dougherty, Deputy Attorney General, argued the cause for appellant (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. Michael N. Kouvatas argued the cause for respondent Barton Frank.

Mr. Mario A. Iavicoli argued the cause for respondent Karen Shapiro (Messrs. Maressa & Console, attorneys).

Before Judges SULLIVAN, COLLESTER and LABRECQUE.

The opinion of the court was delivered by SULLIVAN, P.J.A.D.

The State, pursuant to leave granted, appeals from an order entered on defendant's pretrial motion suppressing evidence consisting of a package of marijuana confiscated by the police. The order was bottomed on a finding by the trial court that the police action was "a grossly improper search and seizure."

We conclude that the evidence in question was not the product of an illegal search by the police...

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