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State v. Scharfstein

New Jersey Supreme Court


Decided: June 1, 1964.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
CHARLES SCHARFSTEIN, DEFENDANT-RESPONDENT

For affirmance -- Chief Justice Weintraub, and Justices Jacobs, Proctor, Hall, Schettino and Haneman. For reversal -- None.

Per Curiam

[42 NJ Page 354] We affirm the judgment of the Appellate Division for the reasons given by it. State v. Scharfstein, 79 N.J. Super. 236 (App. Div. 1963). We emphasize that here, upon an anonymous tip and nothing more, there was a search of the person. We intimate no view upon whether such information

[42 NJ Page 355]

would justify a search of a vehicle if surveillance is not feasible or whether upon such information the person too may be searched if the alleged offense is grievous and such immediate measures appear to be urgently needed.

19640601


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