State v. Bell

New Jersey Superior Court App Division

State v. Bell

399 A.2d 310, 166 N.J. Super. 143, 1979 N.J. Super. LEXIS 614

CourtNew Jersey Superior Court Appellate Division

DecidedFebruary 7, 1979

StatusPublished

Cited by2 cases

This text of 399 A.2d 310 (State v. Bell) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Bell, 399 A.2d 310, 166 N.J. Super. 143, 1979 N.J. Super. LEXIS 614 (N.J. Ct. App. 1979).

Pincite

Opinion

The opinion of the court was delivered by

Allcorn, P. J. A. D.

A warrant issued by the judge of the Municipal Court of Aberdeen Township for the search of premises situated in the Borough of Union Beach, the issuing judge not then being designated or authorized to officiate as acting judge of the Municipal Court of Union Beach, is outside the territorial jurisdiction and exceeds the authority of the issuing judge and, as such, is illegal and void. N. J. S. A. 2A:8-20; R. 3:5-1; Eleuteri v. Richman, 26 N. J. 506, 508 (1958), cert. den. sub nom. Eleuteri v. Furman, 358 U. S. 843, 79 S. Ct. 52, 3 L. Ed. 2d 77 (1958).

In effect, no warrant issued and the search of the premises constituted a warrantless search. Absent attendant circumstances that would justify a warrantless search — and the record here sets forth no such circumstances • — • the contraband found as a result of the search was seized in contravention of the Fourth Amendment to the Constitution of the United States and, consequently, was properly suppressed by the trial judge. Mapp v. Ohio, 367 U. S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961); Navarro v. United States, 400 F. 2d 315 (5 Cir. 1968); People v. Hickey, 40 N. Y. 2d 761, 390 N. Y. S. 2d 42, 358 N. E. 2d 868 (Ct. App. 1976); Commonwealth v. Myers, 239 Pa. Super. 459, 361 A. 2d 884 (Super. Ct. 1976).

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

The opinion of the court was delivered by

Allcorn, P. J. A. D.

A warrant issued by the judge of the Municipal Court of Aberdeen Township for the search of premises situated in the Borough of Union Beach, the issuing judge not then being designated or authorized to officiate as acting judge of the Municipal Court of Union Beach, is outside the territorial jurisdiction and exceeds the authority of the issuing judge and, as such, is illegal and void. N. J. S. A. 2A:8-20; R. 3:5-1; Eleuteri v. Richman, 26 N. J. 506, 508 (1958), cert. den. sub nom. Eleuteri v. Furman, 358 U. S. 843, 79 S. Ct. 52, 3 L. Ed. 2d 77 (1958).

In effect, no warrant issued and the search of the premises constituted a warrantless search. Absent attendant circumstances that would justify a warrantless search — and the record here sets forth no such circumstances • — • the contraband found as a result of the search was seized in contravention of the Fourth Amendment to the Constitution of the United States and, consequently, was properly suppressed by the trial judge. Mapp v. Ohio, 367 U. S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961); Navarro v. United States, 400 F. 2d 315 (5 Cir. 1968); People v. Hickey, 40 N. Y. 2d 761, 390 N. Y. S. 2d 42, 358 N. E. 2d 868 (Ct. App. 1976); Commonwealth v. Myers, 239 Pa. Super. 459, 361 A. 2d 884 (Super. Ct. 1976).

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

399 A.2d 310, 166 N.J. Super. 143, 1979 N.J. Super. LEXIS 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bell-njsuperctappdiv-1979.

Opinion

Related

Cite This Page — Counsel Stack