State v. Hempele
New Jersey Supreme Court
576 A.2d 793 (1990)
- Written by Deanna Curl, JD
Facts
Six months after a confidential informant informed police that Conrad and Sharon Hempele (defendants) were distributing drugs from their home, a police officer seized trash from the front of their row house. At the time of the seizure, the trash bag was in a plastic garbage can next to a flight of stairs that led to the entrance of the Hempeles’ home. Two weeks later, the officer seized another bag outside the Hempeles’ home from the same location. The officer took both bags without a warrant, searched the bags, and found traces of multiple drugs in the trash. On the basis of the informant’s tip and the drug traces found in the garbage, the police obtained a warrant, searched the Hempeles’ home, and found controlled substances and drug paraphernalia. The trial court found that the police needed a warrant before searching the Hempeles’ garbage. The state subsequently appealed the trial court ruling.
Rule of Law
Issue
Holding and Reasoning (Clifford, J.)
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