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STATE v. HOLMGREN

282 N.J. Super. 212 (1995)

659 A.2d 939

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID HOLMGREN, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES SANDERS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1995.

Attorney(s) appearing for the Case

Gerard E. Hanlon argued the cause for appellant David Holmgren.

Bumgardner, Hardin & Ellis, attorneys for appellant Charles Sanders (Patrick J. Clare, of counsel and on the brief).

Joseph Connor, Jr., Assistant Prosecutor, argued the cause for respondent (W. Michael Murphy, Jr., Morris County Prosecutor, attorney; Mr. Connor, on the letter-briefs).

Before Judges BRODY, LONG and ARNOLD M. STEIN.

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

Defendants were indicted for various CDS crimes after a police officer found a kilo of cocaine while searching the contents of defendant Holmgren's duffel bag. The issue before us is whether the search was lawful. The trial judge denied defendants' motions to suppress.1 We reverse.

The only evidence respecting the search is the testimony of the arresting officer who stopped...

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