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STATE v. ALEXANDER

170 N.J. Super. 298 (1979)

406 A.2d 313

STATE OF NEW JERSEY, PLAINTIFF, v. RUFUS ALEXANDER, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal).

Decided July 18, 1979.

Attorney(s) appearing for the Case

Mr. Peter R. Willis for defendant (Messrs. Willis & Maslo, attorneys).

Mr. Anthony Catalano, Assistant Prosecutor for the State (Mr. James T. O'Halloran, Prosecutor of Hudson County, attorney).

THURING, J.S.C.

Defendant moves to suppress evidence seized in his apartment without a search warrant after a police surveillance from his fire escape. The burden rests on the State to prove the legality of a warrantless search by a preponderance of the evidence. State v. Whittington, 142 N.J.Super. 45, 51-52 (App. Div. 1976).

Detective Kenneth Campion and Sergeant William Forrester of the Jersey City Narcotics...

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