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STATE v. ONE 1994 FORD THUNDERBIRD

793 A.2d 792 (2002)

349 N.J. Super. 352

STATE of New Jersey, Plaintiff-Respondent, v. ONE 1994 FORD THUNDERBIRD, New Jersey Reg. No. VY923Y, VIN 1FALP62WORH143581 and Four Thousand Six Hundred Dollars in United States Currency, Defendant. In the Matter of Sigilfred Ortiz, Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 2002.

Attorney(s) appearing for the Case

Norman A. Doyle, Jr., Kearny, argued the cause for appellant (Doyle & Brady, attorneys; Mr. Doyle, on the brief).

Peter Boser, Assistant Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney; Mr. Boser, on the brief).

Before Judges HAVEY, BRAITHWAITE, and WEISSBARD.

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

In this civil forfeiture action arising out of claimant's arrest and prosecution for possession of a controlled substance, we are called upon to determine the standard which governs warrantless searches of vehicles impounded for possible forfeiture. Although there are decisions, primarily from the federal courts, granting an unfettered right to search under such...

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