State v. Ortense, 416 A.2d 971

The opinion of the court was delivered by ALLCORN, P.J.A.D.

Where, as in this cause, a search warrant is issued on the basis of a supporting affidavit that sets forth information both lawfully obtained and unlawfully obtained, and the lawfully obtained information in and of itself constitutes probable cause which would have justified issuance of the warrant apart from the tainted information, the evidence taken in execution of the warrant was properly seized and thus is not subject to suppression. Wong Sun v. U.S., 371 U.S. 471, 488, 83 S.Ct. 407, 417, 9 L.Ed.2d 441, 455 (1963); Alderman v. U.S., 394 U.S. 165, 183, 89 S.Ct. 961, 972, 22 L.Ed.2d 176, 192 (1969); James v. U.S., 418 F.2d 1150, 1152 (D.C. Cir.1969); Howell v. Cupp, 427 F.2d 36 (9 Cir.1970).

Accordingly, the order of suppression is reversed and set aside.

Case Details

Case Name: State v. Ortense

Court Name: New Jersey Superior Court Appellate Division

Date Published: Jun 19, 1980

Citations: 416 A.2d 971; 174 N.J. Super. 453

Court Abbreviation: N.J. Super. Ct. App. Div.