STATE v. NIKOLA


821 A.2d 110 (2003)

359 N.J. Super. 573

STATE of New Jersey, Plaintiff-Respondent, v. Vicki NIKOLA, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 2003.


Attorney(s) appearing for the Case

O'Donnell & Dumbroff, attorneys for appellant (David H. Dumbroff, on the brief).

Dolores M. Blackburn, Sussex County Prosecutor, attorney for respondent (Francis A. Koch, Assistant Sussex County Prosecutor, of counsel and on the brief).

Before Judges SKILLMAN, CUFF and WINKELSTEIN.


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

The question presented by this appeal is whether a police officer who has temporarily detained a motorist outside her garage, based on probable cause to believe she has been driving while under the influence of alcohol, may follow the motorist into her garage while she retrieves her driving credentials and then arrest her without a warrant.

Defendant was...

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