Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Alex De Simone, Defendant-Respondent

March 27, 197260 N.J. 319

Summary

The Supreme Court of New Jersey held that a search warrant authorizing the search of "persons found therein" a vehicle was valid where probable cause existed that any occupant was participating in the criminal activity. The Court affirmed the conviction and denied the motion to suppress the lottery slips seized from the defendant, a passenger. The decision rested on a factual analysis of the lottery drop operation and the Fourth Amendment specificity requirement.