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STATE v. WILSON

808 A.2d 552 (2002)

354 N.J. Super. 548

STATE of New Jersey, Plaintiff-Respondent, v. Larry D. WILSON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 2002.

Attorney(s) appearing for the Case

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Friedman, of counsel and on the brief).

Jane E. Hendry, Assistant Passaic County Prosecutor, argued the cause for respondent (James F. Avigliano, Passaic County Prosecutor, attorney; Gary H. Schlyen, Acting Chief Assistant Prosecutor, of counsel and on the brief).

Before Judges PRESSLER, CIANCIA and HOENS.

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

This appeal addresses the question of whether drugs found on a person who was recently a passenger in a vehicle constitute probable cause to search that vehicle. On the facts presented we hold that probable cause was not established.

Following the denial of his motion to suppress evidence, defendant Larry D. Wilson pled guilty to third-degree possession of cocaine, N.J.S.A. 2C:35-10a(1); third...

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