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STATE v. ELDERS

927 A.2d 1250 (2007)

192 N.J. 224

STATE of New Jersey, Plaintiff-Respondent, v. Michelle L. ELDERS, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Ronald Stanley, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Tasha Jones, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Christopher M. Leach, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Anthony Graham, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Marcellius M. Love, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 30, 2007.

Attorney(s) appearing for the Case

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for appellants (Yvonne Smith Segars, Public Defender, attorney).

Marcia L. Silva, Assistant Prosecutor, argued the cause for respondent (Bruce J. Kaplan, Middlesex County Prosecutor, attorney; Ms. Silva and Simon Louis Rosenbach, Assistant Prosecutor, of counsel and on the briefs).

Leslie Stolbof Simenus argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Ms. Simenus, attorney; Steven G. Sanders, of counsel and on the brief).

Frank Muroski, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Stuart Rabner, Attorney General, attorney).

Justice ALBIN delivered the opinion of the Court.

In State v. Carty, 170 N.J. 632, 635, 790 A.2d 903, modified on other grounds, 174 N.J. 351, 806 A.2d 798 (2002), we held that a police officer may not ask for consent to search a lawfully stopped vehicle or its occupants unless...

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