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STATE v. VONDERFECHT

284 N.J. Super. 555 (1995)

665 A.2d 1145

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. KEVIN VONDERFECHT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 24, 1995.

Attorney(s) appearing for the Case

John Kaye, Monmouth County Prosecutor, attorney for appellant (Mark P. Stalford, Assistant Prosecutor, of counsel, and on the letter brief).

Eugene J. Melody, attorney for respondent (Mr. Melody, on the brief).

Before Judges MICHELS, BAIME and KIMMELMAN.

The opinion of the court was delivered by KIMMELMAN, J.S.C. (temporarily assigned).

The State appeals, pursuant to leave granted by this court, from an order of the Law Division suppressing evidence (a controlled dangerous substance (CDS)) found on defendant as a result of a warrantless search. We agree with the State's position and reverse.

There does not appear to be any dispute as to the underlying facts. On August 4, 1994, just before 10:00 p.m., an Asbury...

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