STATE v. WELSH


84 N.J. 346 (1980)

419 A.2d 1123

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN WELSH, JR., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided September 18, 1980.


Attorney(s) appearing for the Case

James T. O'Halloran, Deputy Attorney General, argued the cause for appellant (John J. Degnan, Attorney General of New Jersey, attorney).

James A. Vigliotti, Assistant Deputy Public Defender, argued the cause for respondent (Stanley C. Van Ness, Public Defender of New Jersey, attorney).


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

The issue presented by this appeal is whether the police may constitutionally conduct a warrantless search of an automobile when the driver is stopped on a public highway and arrested pursuant to a lawful arrest warrant. Under the circumstances of this case the question must be answered in the negative. We reaffirm that the scope of a search incident to an arrest must be limited to the person of the arrestee and...

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