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STATE v. MARYLAND

771 A.2d 1220 (2001)

167 N.J. 471

STATE of New Jersey, Plaintiff-Respondent, v. Marlon A. MARYLAND, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 5, 2001.

Attorney(s) appearing for the Case

Frank J. Pugliese, Assistant Deputy Public Defender, for appellant (Ivelisse Torres, Public Defender, attorney).

Steven J. Kaflowitz, Assistant Prosecutor, for respondent (Thomas V. Manahan, Union County Prosecutor, attorney).

Robert E. Bonpietro, Deputy Attorney General, for amicus curiae, Attorney General of New Jersey (John J. Farmer, Jr., Attorney General, attorney).

The opinion of the Court was delivered by COLEMAN, J.

This is a warrantless search and seizure case in which defendant contends that he was selected for questioning by the police because of his race. The trial court declined to address that claim in denying defendant's motion to suppress evidence filed pursuant to Rule 3:5-7, and a divided Appellate Division affirmed. We reverse.

We consider the question whether...

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