04-03-09 State of New Jersey v. Jason Broom-Smith
A-3526-07T4
The trial court properly denied defendant's motion for
discovery concerning the issuance of a warrant authorizing
police to search defendant's house for possible CDS. We
concluded that the warrant was not invalid by virtue of the fact
that it was issued by a municipal judge sitting in a different
municipality than the one in which defendant's house was
located. The assignment judge had issued an order authorizing
municipal judges within the county to substitute for each other
pursuant to Rule 1:12-3(a) and N.J.S.A. 2B:12-6. Further, for
purposes of a possible Franks hearing, the trial judge did not
abuse his discretion in denying defendant's application for
discovery, which the judge concluded was either a "fishing
expedition" or an attempt to learn the identity of a
confidential informant.
