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STATE v. JUDGE

275 N.J. Super. 194 (1994)

645 A.2d 1224

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MICHAEL JUDGE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 1994.

Attorney(s) appearing for the Case

Stephanie P. Tettemer, Chief Assistant Prosecutor, for appellant (John J. O'Reilly, Warren County Prosecutor, attorney; Ms. Tettemer, on the brief).

Gregory G. Gianforcaro, for respondent.

Before Judges COLEMAN and THOMAS.

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

This is an appeal by the State from an order suppressing evidence seized from an automobile. The issue raised is whether the smell of burnt marijuana, by a trained and experienced State Trooper, emanating from the passenger compartment of a legally stopped motor vehicle, created probable cause to believe that a violation of law had been or was being committed...

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