Conford, Kolovsky and Carton.
Defendant appeals from a conviction for possession of narcotics. She was sentenced to a minimum term of five years at the Clinton Reformatory and fined $25.
The Public Defender made a pretrial motion to suppress upon the assumption that the search of the apartment had been made without a warrant. When it developed that in fact a warrant had been issued, the Public Defender made
an unsuccessful application for an adjournment. It is unnecessary to consider the argument that the trial court should have granted the requested adjournment since we will consider defendant's argument as to the alleged insufficiency of the affidavit on the merits.
Defendant argues that the affidavit for the search warrant does not demonstrate probable cause. The affiant, a detective of the Newark Police Narcotics Squad, recites that he had been involved in narcotic investigations and related arrests made during a period spanning over three years. After expressing his belief that narcotic activity was being carried on by Lulu Mack at 568 High Street, first floor apartment, the affiant states the following reason for this conclusion:
1. I have received the information from a reliable source and also from an informant who has proved reliable in the past that a Lulu Mack, narcotic registrant #1819, registered at 233 Bergen St. is selling narcotic drugs from 568 High St. 1st floor front apartment, City of Newark in violation of R.S. 24:18-4.
2. The undersigned in company with Detective Frank Petrillo surveilled the premises at 568 High St. on the following dates: August 18, 1969 from 12:45 PM to 1:15 PM, August 19, 1969 from 2:45 PM, to 3:30 PM, August 20, 1969 from 11:00 AM to 12:15 PM, and on August 21, 1969 from 9:15 AM to 10:30 AM. During these times known narcotic offenders observed entering and leaving these premises were: Oliver Caldwell, narcotic registrant #875, Charles Brooks, narcotic registrant #2146, Joshiah Widman, narcotic registrant # 193 and Shirley Edwards, narcotic registrant #2072.
Based on this affidavit the magistrate issued the warrant to search the apartment.
We conclude that under the rationale of State v. Mercurio , 113 N.J. Super. 113 (App. Div. 1970), aff'd o.b. 57 N.J. 367 (1971), and State v. Kasabucki , 52 N.J. 110 (1968), the affidavit provided an adequate basis for the finding of probable cause and the issuance of the warrant.
The observations on surveillance overcome the limitations of and lend credence to the information received from the informers. Cf. Spinelli v. United States , 393 U.S. 410, 89 S. Ct. 584, 21 L. Ed. 2d 637 (1969); Whiteley v. Warden,
Wyoming State Penitentiary , 401 U.S. , 91 S. Ct. 1031, 28 L. ...