Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Richard A. Howery, Defendant-Appellant

July 20, 197980 N.J. 563

Summary

The Supreme Court of New Jersey affirmed Howery's convictions, holding that the Franks v. Delaware rule permitting challenges to search warrant affidavits does not apply retroactively to cases pending review, and that the alleged false statements in the warrant affidavit were not material to probable cause; therefore the warrant was valid and the evidence admissible.