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STATE v. KIRK

202 N.J. Super. 28 (1985)

493 A.2d 1271

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANCIS R. KIRK, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 28, 1985.

Attorney(s) appearing for the Case

Dennis J. Quinn, argued the cause for appellant.

Albert I. Telsey, Assistant Prosecutor, argued the cause for respondent (John Corino, Cape May County Prosecutor, attorney).

Boris Moczula, Deputy Attorney General, argued the cause amicus curiae (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Before Judges KING, DEIGHAN and BILDER.

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

The issue here is the constitutionality of a road block or vehicle check point set up by two State Troopers on a county highway in a rural area of Cape May County at about 5:30 p.m. on Saturday, October 15, 1983. The Law Division judge denied the defendant's motion to suppress the evidence against him on the charge of drunken driving. All of the evidence against defendant was the product of the stop which was...

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