Conford, Freund and Sullivan. The opinion of the court was delivered by Freund, J.A.D.
[82 NJSuper Page 501] The State was granted leave to appeal an order of the Union County Court to quash a search warrant
and to suppress the evidence obtained in pursuance thereof. It was held below that the facts set forth in the affidavit were insufficient to sustain the issuance of the warrant. The search warrant was issued on the basis of an affidavit made by a lieutenant of county detectives for Union County. The relevant portions of that affidavit read as follows:
"2. I have probable cause to believe and do believe that in and upon certain premises within the City of Rahway, County of Union and State of New Jersey, commonly known as 97 Elm Avenue and more particularly described as a two story red brick front building with upper level of gray clapboard, having cement and brick steps with iron railing leading to two white entrance doors on left side of building. A large picture window with two smaller windows faces the street on first floor with a small window on second floor above it. A driveway on right of premises leads to multiple garage in rear, one Harold Ratushny is presently engaged in certain activities or conduct, with the aid and assistance of others, unknown to your deponent, in violation of the Criminal Laws of the State of New Jersey, more particularly the provisions of N.J.S. 2A:112-3.
3. The deponent believes that there is probable cause for this complaint for the following reasons:
I am a Lieutenant of County Detectives of Union County. I have been assigned to investigate matters pertaining to the conduct of an unlawful bookmaking operations in Union County, New Jersey.
In the course of my investigation, I have observed premises known as 97 Elm Avenue, Rahway on May 16, 1962 after information was given to Chief Frank Englehart on May 11, 1962 that a horse bet was made at Fulton 8-1736, a SNP telephone number. Sgt. Michael Bencivengo informed Chief Englehart on May 11, 1962 that his informer had placed a horse bet over Fulton 8-1736; that the bettor asked for 'Harold'; that this telephone is now receiving the horse bets which were originally going to an 'Artie' Chrone's phone in Clark Township.
On May 16, 1962, Sgt. William Davis of the Rahway Police informed me that he had suspicions of Ratushny on January 24, 1962 engaging in the unlawful business of bookmaking and put a surveillance on his actions in Rahway; that Ratushny had purchased almost daily the paraphernalia of a bookmaker.
Detective Edward Haines, Union County Detective had the premises known as 97 Elm Ave., Rahway under his surveillance on May 16, 1962, May 23, 1962 and May 24, 1962.
On May 23, 1962, a man entered premises at 10:41 A.M. carrying newspapers. At 3:02 P.M. Michael A. Chrone; automobile registration BGA 108, parked in front of 97 Elm Ave. and male occupant
entered those premises. Chrone is suspect also in an unlawful ...