July 15, 2008

State of New Jersey v. Anthony Gioe, et al.

07-02-08 A-1214-06T5

The novel issue addressed in this appeal is whether a search warrant is invalid where an affiant failed to appear
personally before a municipal court judge as required under Rule 3:5-3(a). We found the "insufficiencies or irregularities" in
the proceedings to obtain the search warrant did not violate defendant's substantive rights, and they did not invalidate the
search warrant that was issued. R. 3:5-7(g). Accordingly, we affirmed the order denying defendant's motion to suppress.

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