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STATE v. MARISTANY

133 N.J. 299 (1993)

627 A.2d 1066

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. REINALDO MARISTANY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided July 27, 1993.

Attorney(s) appearing for the Case

Deborah Bartolomey, Deputy Attorney General, argued the cause for appellant and cross-respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Michele A. Adubato, Designated Counsel, argued the cause for respondent (Zulima V. Farber, Public Defender, attorney).

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

This appeal addresses the validity of a consent search of luggage located in the trunk of a car. The critical question concerns the reasonableness of a State Trooper's reliance on the driver's consent when more than one occupant is in the car and more than one piece of luggage is searched. In addition, we consider the possible prejudice in admitting the driver's hearsay statement connecting the passenger, defendant...

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