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STATE v. POINTER

135 N.J. Super. 472 (1975)

343 A.2d 762

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TROY POINTER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1975.

Attorney(s) appearing for the Case

Mr. Theodore V. Fishman, First Assistant Deputy Public Defender, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender, attorney).

Mr. Joseph J. Rodgers, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Before Judges MICHELS, MORGAN and MILMED.

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

The essential issue to be determined on this appeal is whether the fruits of a search conducted pursuant to an alleged "oral search warrant" must be suppressed. Subsumed thereunder are the further issues of whether the warrant in the present case was an oral one and, if so, whether in contemplation of state and federal constitutional and procedural law, an "oral search warrant" is the legal equivalent of a written...

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