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STATE v. GERVASIO

94 N.J. 23 (1983)

462 A.2d 144

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RALPH A. GERVASIO, JR. AND DANA ANN MICHIE, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 19, 1983.

Attorney(s) appearing for the Case

Steven K. Kudatzky argued the cause for appellants (Tomar, Parks, Seliger, Simonoff & Adourian, attorneys; Steven K. Kudatzky and Arthur F. Hermann, on the briefs).

Carol M. Henderson, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

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

On September 25, 1978 the State Police conducted a routine stop of defendants' car to check for compliance with driver's license and vehicle registration laws and discovered that defendants were transporting 167 pounds of marijuana. Six months later, on March 27, 1979, the Supreme Court in Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660, declared that...

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