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STATE v. RASCH

197 N.J. Super. 184 (1984)

484 A.2d 361

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAY ROBERT RASCH, TERRI RASCH AND ANTHONY BUCCI, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1984.

Attorney(s) appearing for the Case

Steven M. Janosko, Assistant Atlantic County Prosecutor, argued the cause for appellant (Joseph A. Fusco, Atlantic County Prosecutor, attorney; Steven M. Janosko, on the brief).

Edwin J. Jacobs argued the cause for respondent Jay Robert Rasch (Kenneth M. Dubrow, on the brief).

Kenneth M. Dubrow argued the cause for respondent Terri Rasch.

Ralph Hill, III, argued the cause for respondent Anthony Bucci (Kenneth M. Dubrow, on the brief).

Before Judges MORTON I. GREENBERG, O'BRIEN and GAYNOR.

The opinion of the court was delivered by O'BRIEN, J.A.D.

Pursuant to leave granted, the State appeals from an interlocutory order of the trial judge which requires police officers to submit their olfactory senses to examination and to participate in an experiment (or series of experiments) to test their olfactory senses. We reverse.

The home of defendants Jay Robert and Terri Rasch (Rasch) had been under surveillance...

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