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STATE v. VALENTINE

134 N.J. 536 (1994)

636 A.2d 505

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RONALD VALENTINE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 2, 1994.

Attorney(s) appearing for the Case

Deborah Bartolomey, Deputy Attorney General, argued the cause for appellant (Fred DeVesa, Acting Attorney General of New Jersey, attorney).

Neal M. Frank, Designated Counsel, argued the cause for respondent (Zulima V. Farber, Public Defender, attorney).

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

At issue is whether a police officer's pat-down of defendant during a legitimate investigatory stop was constitutional under the Fourth Amendment of the Federal Constitution and Article I, paragraph 7 of the New Jersey Constitution. Defendant, Ronald Valentine, indicted for possession of a knife by a person previously convicted of a crime, contrary to N.J.S.A. 2C:39-7, moved to suppress the knife on the...

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