STATE v. SHEFFIELD


62 N.J. 441 (1973)

303 A.2d 68

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SAMUEL SHEFFIELD, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 4, 1973.


Attorney(s) appearing for the Case

Mr. Francis J. Badach, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Mr. Robert L. Martin, Assistant Deputy Public Defender, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Defender, attorney).


The opinion of the court was delivered by SULLIVAN, J.

This appeal involves the issue of whether a police officer has the right in appropriate circumstances to seek to question a person on the street about possible criminal behavior, even though the officer has no probable cause to make an arrest.

Defendant was convicted of the unlawful possession of heroin and was sentenced to two years probation and fined. On appeal, the Appellate Division reversed the conviction...

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