STATE v. EVANS


181 N.J. Super. 455 (1981)

438 A.2d 340

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RICKY EVANS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1981.


Attorney(s) appearing for the Case

James R. Zazzali, Attorney General of New Jersey, attorney for appellant (John J. Degnan, former Attorney General of New Jersey; George L. Schneider, Essex County Prosecutor, and Donald S. Coburn, former Essex County Prosecutor, of counsel; Kevin Rittenberry, Assistant Essex County Prosecutor, on the brief).

Respondent did not file a brief.

Before Judges FRITZ, ARD and TRAUTWEIN.


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

The State appeals, on leave granted, from a search suppression order in the trial court.

The State urges that the trial judge erred in concluding that the warrantless police search of defendant's soft leather briefcase taken from defendant's hand was a violation of defendant's Fourth Amendment rights. The State also argues that even if defendant was not legally under arrest prior to the recovery of the...

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