Goldmann, Kilkenny and Collester. The opinion of the court was delivered by Collester, J.A.D.
This is an appeal by the State, pursuant to leave granted, from an order of Judge Fulop, sitting in the Union County Court, suppressing evidence seized by the police in defendant's home under a search warrant. The warrant had been issued by another County Court judge based on the affidavit of Detective Robert Ward of the county prosecutor's staff.
The search warrant was issued on May 24, 1966. On the following day police officers, acting under authority of the warrant, entered defendant's home at 614 Jefferson Avenue, Elizabeth, New Jersey. They seized $3,800 discovered in a
vanity in the master bedroom, $277 found on defendant's person, three sheets of paper with horserace bets written thereon, and other personal property.
Defendant was arrested and subsequently indicted for bookmaking in violation of N.J.S. 2A:112-3. Thereafter he moved to suppress the evidence obtained by the police on the ground that the search warrant was legally insufficient, not being based on "probable cause." His motion was granted and the State appealed.
Detective Ward's affidavit, which was the sole basis for issuance of the search warrant, stated as follows: On May 20, 1966 he was assigned to investigate a report that defendant's telephone was being used for the purpose of bookmaking. His superior officer gave him a letter dated May 16 sent to the Elizabeth chief of police by John F. Walsh, a deputy police commissioner of New York City. The letter stated:
"Confidential information has been obtained by this department that telephone area Code 201 351-2904 is being used for illegal gambling purposes (bookmaking -- horses). This phone is listed to: Joseph Kasabucki, 614 Jefferson Avenue, Elizabeth, New Jersey."
Ward had County Investigator Pisane contact the telephone company, which confirmed that two telephones bearing the same number were listed in Kasabucki's name in his one-family residence.
On the same day, at about 1:50 P.M. Ward called telephone number 351-2904 and a male voice answered. Ward said the following conversation took place:
"WARD: Hey Case. This is Bob. I want a two-four reverse in the fifth and sixth at Aqueduct.
VOICE: I don't know no Bob Wilson. Who told ...