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STATE v. MIER

147 N.J. Super. 17 (1977)

370 A.2d 515

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. NATALIO MIER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 1977.

Attorney(s) appearing for the Case

Mr. Burrell Ives Humphreys, Passaic County Prosecutor, attorney for plaintiff-appellant (Mr. Gary H. Schlyen, Assistant Prosecutor, of counsel and on the brief).

Mr. Stanley C. Van Ness, Public Defender, attorney for defendant-respondent (Ms. Rosemary K. Reavey, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges CARTON, KOLE and LARNER.

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

Pursuant to leave granted by us, the State appeals from an order suppressing evidence obtained in a search authorized by a warrant. The issue for determination is whether a search warrant is valid when issued on an affidavit which alleges that the contraband is en route from a foreign country through the mail and has not as yet reached the addressee in New Jersey. Is an anticipatory warrant valid under such...

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