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STATE v. WILLIAMS

887 A.2d 190 (2005)

381 N.J. Super. 572

STATE of New Jersey, Plaintiff-Respondent, v. Marcellus R. WILLIAMS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 2005.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Alan I. Smith, Designated Counsel, on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Hillary Horton, Deputy Attorney General, of counsel and on the brief).

Before Judges A.A. RODRÍGUEZ, ALLEY and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we hold that the police lacked a reasonable and articulable suspicion when they attempted to frisk defendant upon an anonymous tip that "a black male wearing a black jacket" was selling drugs in a high crime area. The search following defendant's flight also cannot be legitimized as incidental to defendant's arrest for obstruction because a citizen's non-violent flight from an unreasonable...

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