STATE v. ALSTON


88 N.J. 211 (1981)

440 A.2d 1311

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DONALD ALSTON, JAMES BARNES, HARRY WILLIAMS AND ABDULLAH KHALIQ, A/K/A ERNEST CAULFIELD, A/K/A ERNEST COFIELD, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 21, 1981.


Attorney(s) appearing for the Case

Susan W. Sciacca, Assistant Prosecutor, argued the cause for appellant (Roger W. Breslin, Jr., Bergen County Prosecutor, attorney).

Susan Heller Fessler, Assistant Deputy Public Defender, argued the cause for respondents (Stanley C. Van Ness, Public Defender, attorney).

Debra L. Stone, Deputy Attorney General, argued the cause for amicus curiae, Attorney General (John J. Degnan, Attorney General of New Jersey, attorney).


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

This appeal presents us with the task of clarifying the scope of the "automobile exception" to the Fourth Amendment requirement that searches be conducted pursuant to a warrant based on probable cause. More particularly, the question to be resolved is whether the primary rationale for this exception — the inherent mobility of an automobile stopped on an open highway...

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