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STATE v. MOLLICA

114 N.J. 329 (1989)

554 A.2d 1315

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PRIMO V. MOLLICA AND AUGUSTINE FERRONE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 16, 1989.

Attorney(s) appearing for the Case

Larry R. Etzweiler, Deputy Attorney General, argued the cause for appellant (Cary Edwards, Attorney General of New Jersey).

Stephen W. Kirsch, argued the cause for respondent Augustine Ferrone (Francis J. Hartman, attorney; Stephen W. Kirsch and Charles H. Nugent, Jr., on the briefs).

B. Dennis O'Connor submitted a letter in lieu of brief on behalf of respondent Primo V. Mollica.

The opinion of the Court was delivered by HANDLER, J.

In this case federal law-enforcement officers without a search warrant obtained hotel billing records relating to the use of an occupant's room telephone. They then turned these records over to state law enforcement officers who, using this information, obtained search warrants and undertook a search of defendants' hotel rooms, seizing evidence of gambling offenses. In the ensuing criminal prosecution two major...

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