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STATE v. OYENUSI

903 A.2d 467 (2006)

387 N.J. Super. 146

STATE of New Jersey, Plaintiff-Respondent, v. Adebowale OYENUSI, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 3, 2006.

Attorney(s) appearing for the Case

Lorraine Posner argued the cause for appellant (Alan Dexter Bowman, Newark, attorney; Mr. Bowman, of counsel and on the brief).

Leslie-Ann M. Justus, Deputy Attorney General, argued the cause for respondent (Zulima V. Farber, Attorney General, attorney; Ms. Justus, of counsel and on the brief).

Before Judges SKILLMAN, PAYNE and SABATINO.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether law enforcement officers may conduct a warrantless search of the contents of a container in the possession of an arrestee even if the arrestee no longer has access to the container when the search is conducted. We conclude that such a search, if conducted contemporaneously with the arrest, is a valid search incident to an arrest under both the Fourth...

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