STATE v. MAI

A-98 September Term 2008.

993 A.2d 1216 (2010)

202 N.J. 12

STATE of New Jersey, Plaintiff-Appellant, v. Danny MAI, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 6, 2010.


Attorney(s) appearing for the Case

Steven A. Yomtov, Deputy Attorney General, argued the cause for appellant (Anne Milgram, Attorney General of New Jersey, attorney).

Louis P. Nappen, Eatontown, argued the cause for respondent (Evan F. Nappen, attorney).


Justice RIVERA-SOTO delivered the opinion of the Court.

Responding to an early morning hours radio call of a "man with a gun," police officers approached a double-parked van containing five occupants; the van also was surrounded by a half-dozen young men. Based on that obvious traffic violation, the police detained the van. Fearing for his and his fellow officers' safety, one of the police officers opened the van's passenger-side sliding side door as a protective...

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