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STATE v. WILLIAMS

DOCKET NO. A-4530-07T4.

983 A.2d 1114 (2009)

410 N.J. Super. 549

STATE of New Jersey, Plaintiff-Respondent, v. Robert E. WILLIAMS a/k/a Robert Love, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 23, 2009.

Attorney(s) appearing for the Case

Alyssa Aiello, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Ms. Aiello, of counsel and on the brief).

Steven A. Yomtov, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Mr. Yomtov, of counsel and on the brief).

Before Judges SKILLMAN, GILROY and SIMONELLI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The primary issue presented by this appeal is whether flight from an unconstitutional investigatory stop that could justify an arrest for obstruction automatically justifies the admission of any evidence revealed during the course of that flight. We conclude that such evidence is admissible only if there is a significant attenuation between the unconstitutional stop and the seizure of evidence and...

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