STATE v. SMITH


134 N.J. 599 (1994)

637 A.2d 158

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BRIAN L. SMITH, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GERALDINE MUHAMMAD, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 26, 1994.


Attorney(s) appearing for the Case

Richard W. Berg, Deputy Attorney General, argued the cause for appellant State of New Jersey (Fred DeVesa, Attorney General of New Jersey, attorney; Mr. Berg, Kathleen M. Gusler).

Diane Toscano, Assistant Deputy Public Defender, argued the cause for appellant Geraldine Muhammad (Zulima V. Farber, Public Defender, attorney).

Susan B. Gyss, Assistant Prosecutor, argued the cause for respondent State of New Jersey (Carmen Messano, Hudson County Prosecutor, attorney; Gaetano T. Gregory, Assistant Prosecutor, on the briefs).

Linda Mehling, Assistant Deputy Public Defender, argued the cause for respondent Brian L. Smith (Zulima V. Farber, Public Defender, attorney).


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

This appeal addresses the admissibility of evidence seized in the pat-down search of a passenger in a lawfully stopped automobile. The critical questions concern the reasonableness of a State Trooper's ordering a passenger out of a car, and his subsequent pat-down of that passenger. We find that both the trooper's order to the passenger to step out of the car and his pat-down of that passenger were reasonable...

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