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State v. Rice

Decided: June 16, 1971.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CLIFTON RICE, JR., DEFENDANT-APPELLANT



Kilkenny, Halpern and Lane. The opinion of the court was delivered by Halpern, J.A.D.

Halpern

Defendant appeals from a judgment of conviction, entered on a jury verdict, charging him with the unlawful possession of heroin. N.J.S.A. 24:18-4. The narrow issue on appeal is whether the court erred in not suppressing the evidence seized as the result of an alleged unlawful arrest.

The only witness called by the State at the suppression hearing was Detective McCummings of the Newark Police Department. He testified that as the result of undisclosed phone calls received by the police pertaining to narcotics, he and Detective McNulty went to 114 Broad

Street, Newark, New Jersey, to investigate. They had not obtained a search or arrest warrant. The critical portion of his direct and cross-examination testimony follows:

(Direct)

Q And when you got to 114 Broad Street, what, if anything, did you do?

A I went to the front of the -- it's in the basement, the front door, and my partner went around to the rear.

Q And when you were in the front, what, if anything, did you do?

A I knocked at the door.

Q As you knocked on the door, what happened?

A The gentleman, Mr. Cliff Rice, opened the door. I at this time identified ...


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