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STATE v. ECKEL

888 A.2d 1266 (2006)

185 N.J. 523

STATE of New Jersey, Plaintiff-Appellant, v. William B. ECKEL, Defendant-Respondent.

Supreme Court of New Jersey.

Decided January 10, 2006.

Attorney(s) appearing for the Case

Maura K. Tully, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General of New Jersey, attorney).

Gilbert G. Miller, Designated Counsel, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Sharon Bittner Kean, on behalf of amicus curiae, Association of Criminal Defense Lawyers of New Jersey, relied upon her brief submitted in State v. Johnel D. Dunlap.

Justice LONG delivered the opinion of the Court.

The issue raised in this appeal is whether the police may conduct a warrantless search of an automobile as incident to an arrest after the occupants have been removed from the vehicle and are secured in police custody. Because the search incident to arrest exception to the warrant requirement was limned for two specific purposes — the protection of the police and the preservation of evidence — and because...

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