STATE v. PATINO


163 N.J. Super. 116 (1978)

394 A.2d 365

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LUCIO W. PATINO AND GUILLERMO BARRIGA, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 24, 1978.


Attorney(s) appearing for the Case

Mr. Thomas J. Cammarata argued the cause for appellants (Messrs. Shaljian, Cammarata & O'Connor, attorneys).

Mr. Albert G. Fredericks, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. William F. Hyland, former Attorney General of New Jersey).

Before Judges CONFORD, PRESSLER and KING.


The opinion of the court was delivered by KING, J.A.D.

This case presents the question of whether a police officer's observation of a small amount of marijuana on the floor in the front of an automobile, thereby justifying an arrest of the occupants on a disorderly persons charge, is sufficient to furnish probable cause to search the locked trunk of the automobile.

Defendants were indicted for possession of a substantial amount of cocaine with intent to distribute...

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