Opinion
Submitted June 2, 1980 —
Decided June 19, 1980.
Appeal from Superior Court, Law Division.
James T. O'Halloran, Prosecutor of Hudson County, for the appellant ( Lawrence H. Posner, Assistant Prosecutor, on the brief).
Abrams Wofsy, for the respondent ( Marshall J. Wofsy, on the brief).
Before Judges ALLCORN, MORGAN and FRANCIS.
Where, as in this cause, a search warrant is issued on the basis of a supporting affidavit that sets forth information both lawfully obtained and unlawfully obtained, and the lawfully obtained information in and of itself constitutes probable cause which would have justified issuance of the warrant apart from the tainted information, the evidence taken in execution of the warrant was properly seized and thus is not subject to suppression. Wong Sun v. U.S., 371 U.S. 471, 488, 83 S.Ct. 407, 417, 9 L.Ed.2d 441, 455 (1963); Alderman v. U.S., 394 U.S. 165, 183, 89 S.Ct. 961, 972, 22 L.Ed.2d 176, 192 (1969); James v. U.S., 418 F.2d 1150, 1152 (D.C. Cir. 1969); Howell v. Cupp, 427 F.2d 36 (9 Cir. 1970).
Accordingly, the order of suppression is reversed and set aside.