Legal Opinion
State v. Gates
New Jersey Superior Court Appellate Division
Decided March 5, 1997PublishedCited by 4 opinions
1Opinion of the Court
GAROFQLO, P.J. Cr.
At issue is whether the so-called “open field doctrine” should operate to excuse the warrantless entry onto private lands by conservation officers investigating suspected violations of the State’s fish and game laws.
On December 5, 1995, deer hunters told Conservation Officer Honachefsky that shots had been heard near the Tuckahoe Turf Farms at 11:30 p.m. the night before and at 5:30 a.m. that morning. A similar report was received on December 7, 1995. Hunting deer at night is specifically prohibited by N.J.SA 23:4-45(a). Those providing the information were not known by name…
2Cases cited25 opinions
- Delaware v. ProuseSupreme Court of the United States · 1979
- Oliver v. United StatesSupreme Court of the United States · 1984
- United States v. DunnSupreme Court of the United States · 1987
- Hester v. United StatesSupreme Court of the United States · 1924
- State v. NovembrinoSupreme Court of New Jersey · 1987
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3Cited by4 opinions
- Commonwealth v. RussoSupreme Court of Pennsylvania · 2007
- State v. CitarellaSupreme Court of New Jersey · 1998
- Commonwealth v. RussoSupreme Court of Pennsylvania · 2007
- Punxsutawney Hunting Club v. PGCSupreme Court of Pennsylvania · 2026