STATE v. BERNOKEITS

No. A-3150-10T4.

32 A.3d 1152 (2011)

423 N.J. Super. 365

STATE of New Jersey, Plaintiff-Respondent, v. Thomas W. BERNOKEITS, Jr., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 22, 2011.


Attorney(s) appearing for the Case

Kevin S. Quinlan , Tuckerton, attorney for appellant.

Marlene Lynch Ford , Ocean County Prosecutor, attorney for respondent ( Samuel Marzarella , Assistant Prosecutor, of counsel; Robert Cassidy , Assistant Prosecutor, on the brief).

Before Judges PARRILLO, GRALL and SKILLMAN.


The opinion of the court was delivered by

PARRILLO, P.J.A.D.

We are asked to decide whether standard, roadside field sobriety testing requires the police to have probable cause to arrest or to search, or may it be undertaken on the basis of reasonable suspicion alone.

The facts are essentially undisputed. On July 31, 2010, at approximately 3:30 a.m., Seaside Heights Police Officer John Moritz observed defendant...

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