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STATE v. BIVINS

Docket No. A-1577-12T2

89 A.3d 628 (2014)

435 N.J. Super. 519

STATE of New Jersey, Plaintiff-Respondent, v. Chad BIVINS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 2014.

Telephonically reargued March 27, 2014.

Attorney(s) appearing for the Case

Lauren S. Michaels , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Ms. Michaels, of counsel and on the briefs).

Jane C. Schuster , Deputy Attorney General, argued the cause for respondent ( John J. Hoffman , Acting Attorney General, attorney; Ms. Schuster, of counsel and on the brief).

Before Judges SAPP-PETERSON, LIHOTZ and MAVEN.

The opinion of the court was delivered by

SAPP-PETERSON, P.J.A.D.

In this appeal, we consider whether the scope of the permissible area and persons to be searched, pursuant to a search warrant, extends to the location where defendant Chad Bivins and his co-defendant Sayid Jordan were found, seated in a Pontiac, parked five or six houses away from the premises where a search warrant was being executed. The motion judge...

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