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STATE v. DANIELS

264 N.J. Super. 161 (1993)

624 A.2d 79

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BRUCE DANIELS AND KAREEM DUDLEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 30, 1993.

Attorney(s) appearing for the Case

Susan W. Sciacca, Assistant Prosecutor, argued the cause for appellant (John J. Fahy, Bergen County Prosecutor, attorney; Ms. Sciacca, of counsel and on the letter brief).

Robert L. Sloan, Assistant Deputy Public Defender, argued the cause for respondent Bruce Daniels (Zulima V. Farber, Public Defender, attorney; Mr. Sloan, of counsel and on the brief).

Linda Mehling, Assistant Deputy Public Defender, argued the cause for respondent Kareem Dudley (Zulima V. Farber, Public Defender, attorney; Ms. Mehling, of counsel and on the brief).

Before Judges MICHELS, BILDER and BAIME.

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

This is an appeal by the State from an order of the Law Division suppressing approximately 325 grams of cocaine seized in connection with a motor vehicle stop on the Garden State Parkway. The sole issue is whether the facts as they appeared to the State Trooper provided an objectively reasonable basis for an examination of the front seat of the car which disclosed the plain sight presence of the cocaine —...

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