DelPresto v. DelPresto

In DelPresto v. DelPresto, 97 N.J.Super. 446, 235 A.2d 240 (App.Div.1967) defendant husband sought to suppress evidence of his extramarital affair that his wife found "in one of the office file cabinets in a room to which plaintiff wife had complete access." Id. at 454, 235 A.2d 240. The papers, consisting of love letters sent to the defendant by his paramour and a jewelry receipt for jewelry not given to his wife, had been left "in files to which she wife had a full freedom of entry." Id. The Appellate Division overruled the trial court's suppression of this evidence, saying: Having a legitimate reason for being in the files, plaintiff had a right to seize evidence she believed indicated her husband was being unfaithful. Id. at 456, 235 A.2d 240.