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STATE v. BELL

195 N.J. Super. 49 (1984)

477 A.2d 1272

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. WILLIE FAYE BELL AND RICHARD WILLIAMS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 1984.

Attorney(s) appearing for the Case

Brian D. Gillet, Assistant Prosecutor, argued the cause for appellant (John H. Stamler, Prosecutor of Union County, attorney; Anthony Martinez, Assistant Prosecutor, of counsel, and on the brief).

James Jukes, Assistant Deputy Public Defender, argued the cause for respondent Willie Faye Bell (Joseph H. Rodriguez, Public Defender, attorney; Edward Kopelson, Assistant Deputy Public Defender, of counsel, and on the brief).

Anthony D. Rinaldo, Jr., argued the cause for respondent Richard Williams (Rinaldo & Rinaldo, attorneys; Anthony D. Rinaldo, Jr., of counsel, and on the brief).

Before Judges J.H. COLEMAN and BACHMAN, J.S.C., t/a.

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

The crucial question raised by this appeal is whether the failure of the police to obtain an anticipatory warrant to search an automobile occupied by defendants constitutes an unreasonable search and seizure. Several items containing heroin and marijuana were seized from the automobile. Both defendants were indicted for possession of heroin contrary to ...

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