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STATE v. CUELLAR

211 N.J. Super. 299 (1986)

511 A.2d 745

STATE OF NEW JERSEY, PLAINTIFF, v. MARLON S. CUELLAR, CARLOS A. MEDINA, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided March 17, 1986.

Attorney(s) appearing for the Case

Raymond J. Zeltner, for plaintiff (John H. Stamler, Prosecutor of Union County, attorney).

Joseph W. Spagnoli for defendant Cuellar (Spagnoli & Thuring, attorneys).

Rodney Bryson appearing pro hac vice for defendant Cuellar.

Francis X. Hermes, for defendant Medina (Thiele & Hermes, attorneys).

H. Frank Rubio, appearing pro hac vice for defendant Medina.

MENZA, J.S.C.

This is a motion to suppress. The question in this case is whether the removal of an automobile seat and door panel pursuant to a search incident to an arrest violates the permissible scope of a search authorized by the Supreme Court in New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981).

Defendants are the driver and passenger of an automobile which was stopped by a police officer...

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