Opinion
Argued March 2, 1964 —
Decided June 1, 1964.
Appeal from the Superior Court, Appellate Division.
Mr. John J. Francis, Jr., Assistant Prosecutor, argued the cause for appellant ( Mr. Peter Murray, Assistant Prosecutor, of counsel; Mr. Brendan T. Byrne, Essex County Prosecutor, attorney).
Mr. Thomas E. Durkin, Jr., argued the cause for respondent ( Mr. William J. Gearty, of counsel and on the brief).
The opinion of the court was delivered
We affirm the judgment of the Appellate Division for the reasons given by it. State v. Scharfstein, 79 N.J. Super. 236 ( App. Div. 1963). We emphasize that here, upon an anonymous tip and nothing more, there was a search of the person. We intimate no view upon whether such information would justify a search of a vehicle if surveillance is not feasible or whether upon such information the person too may be searched if the alleged offense is grievous and such immediate measures appear to be urgently needed.
For affirmance — Chief Justice WEINTRAUB, and Justices JACOBS, PROCTOR, HALL, SCHETTINO and HANEMAN — 6.
For reversal — None.