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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
State v. Hempele
Citation:
576 A.2d 793 (1990)Facts
In State v. Hempele, a confidential informant told state police that the Hempeles were distributing drugs from their Belvidere home. Six months later, a trooper seized trash from in front of their row house on two occasions, removing white plastic bags from a garbage can located near the stairs to their residence. Without a warrant, the trooper opened and analyzed the contents, discovering traces of marijuana, cocaine, and methamphetamine. In State v. Pasanen, Boonton police began surveillance after confidential sources reported drug activity at defendant’s home. On seven occasions, police conducted warrantless seizures and searches of gray plastic garbage bags placed near the street, finding drug paraphernalia and traces of illegal drugs. In both cases, search warrants for the homes were subsequently obtained, leading to discovery of controlled substances and drug paraphernalia.
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