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STATE v. GIBSON

A-27 September Term 2012, 070910

95 A.3d 110 (2014)

218 N.J. 277

STATE of New Jersey, Plaintiff-Respondent, v. David M. GIBSON, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 7, 2014.

Attorney(s) appearing for the Case

Alyssa A. Aiello , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney).

Steven A. Yomtov , Deputy Attorney General, argued the cause for respondent ( John J. Hoffman , Acting Attorney General, attorney).

Justice ALBIN delivered the opinion of the Court.

The right to walk freely on the streets of a city without fear of arbitrary arrest is one of the guarantees protected by the Fourth Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution. A person cannot be arrested unless there is probable cause to believe that he has committed or is committing an offense. An arrest without probable cause is an unreasonable seizure in...

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