People v. Mace

Defendant has been indicted for criminally concealing and withholding stolen and wrongfully acquired property having an aggregate value of $232, to wit, a watch.

Defendant has moved to suppress the evidence of the watch as the product of an illegal search, and to dismiss the indictment. That motion was referred to the Trial Justice, the case being on the calendar of Special and Trial Term, Part XXXVIII. A hearing, at which evidence was offered by defendant and the People, has been held before me.

On September 5, 1962 at about 1:00 p.m., defendant was taken into custody together with a detective…