STATE v. BADESSA


885 A.2d 430 (2005)

185 N.J. 303

STATE of New Jersey, Plaintiff-Respondent, v. James BADESSA, Defendant-Appellant.

Supreme Court of New Jersey.

Decided November 10, 2005.


Attorney(s) appearing for the Case

Louis M. Barbone, Atlantic City, argued the cause for appellant (Jacobs & Barbone, attorneys).

Boris Moczula, Assistant Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).


Justice ALBIN delivered the opinion of the Court.

The issue before us is whether evidence gathered by the police after an unconstitutional motor vehicle stop should have been excluded in a prosecution for refusal to submit to a breathalyzer test. In this case, after the unlawful stop, a police officer made observations that gave him probable cause to believe the car's driver was under the influence of alcohol. Based on those observations, the officer requested that...

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