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State v. Ortense

New Jersey Superior Court, Appellate Division


Decided: June 19, 1980.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
VALENTINO ORTENSE, DEFENDANT-RESPONDENT

On appeal from the Superior Court of New Jersey, Law Division, Hudson County.

Allcorn, Morgan and Francis. The opinion of the court was delivered by Allcorn, P.J.A.D.

Allcorn

[174 NJSuper Page 454] Where, as in this cause, a search warrant is issued on the basis of a supporting affidavit that sets forth information both lawfully obtained and unlawfully obtained, and the lawfully obtained information in and of itself constitutes probable cause which would have justified issuance of the warrant apart from the

[174 NJSuper Page 455]

tainted information, the evidence taken in execution of the warrant was properly seized and thus is not subject to suppression. Wong Sun v. U.S. , 371 U.S. 471, 488, 83 S. Ct. 407, 417, 9 L. Ed. 2d 441, 455 (1963); Alderman v. U.S. , 394 U.S. 165, 183, 89 S. Ct. 961, 972, 22 L. Ed. 2d 176, 192 (1969); James v. U.S. , 418 F.2d 1150, 1152 (D.C.Cir.1969); Howell v. Cupp , 427 F.2d 36 (9 Cir. 1970).

Accordingly, the order of suppression is reversed and set aside.

19800619


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