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Wednesday, December 30, 2009

State v. Richard Chippero (A-50-08)

Although the evidence that justifies both an arrest
and the issuance of a search warrant must support a
finding of probable cause, the two probable cause
determinations are not identical. A finding of
probable cause as to one does not mean that probable
cause as to the other must follow, nor does the lack
of one compel a finding of the lack of proof for the
other. Accordingly, nothing in the Supreme Court’s
earlier holding in this case (Chippero I) should be
perceived as having compelled the suppression of the
evidence seized from defendant’s home.