Legal Opinion · Dissent

State v. Ercolano

Supreme Court of New Jersey

Decided January 12, 1979Published

1DissentSchreiber, J.

In this case the public interest in having all relevant and material evidence presented to a jury in a-criminal proceeding has been subordinated to an unwarranted interpretation of the search and seizure clause of the federal constitution.1 The judicial sanction of suppression which the prevailing opinion imposes may cause the withholding of relevant and material evidence of a crime from a jury whose task it is to determine the truth.2 I cannot agree with the plurality’s claim that the evidence and inferences to be drawn could not, upon a proper formulation of the issues,- justify a finding…

2Cases cited29 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Brinegar v. United StatesSupreme Court of the United States · 1949
  4. Rakas v. IllinoisSupreme Court of the United States · 1979
  5. Chambers v. MaroneySupreme Court of the United States · 1970

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