STATE v. WITT

A-9 September Term 2014, 074468

126 A.3d 850 (2015)

223 N.J. 409

STATE of New Jersey, Plaintiff-Appellant, v. William L. WITT, Defendant-Respondent.

Supreme Court of New Jersey.

Decided September 24, 2015.


Attorney(s) appearing for the Case

Ronald Susswein , Assistant Attorney General, argued the cause for appellant ( John J. Hoffman , Acting Attorney General of New Jersey, attorney).

Stephen W. Kirsch , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney).

Brooks H. Leonard argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Coughlin Duffy, attorneys; Mr. Leonard and Michael J. Sullivan , Morristown, of counsel and on the brief).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey ( Ronald K. Chen , Rutgers Constitutional Rights Clinic Center for Law & Justice and Edward L. Barocas , attorneys; Mr. Shalom, Mr. Chen, Mr. Barocas, and Jeanne M. LoCicero , of counsel and on the brief).

Jeffrey Evan Gold , Cherry Hill, argued the cause for amicus curiae New Jersey State Bar Association ( Paris P. Eliades , President, Gold & Associates, and Yonta Law, attorneys; Mr. Gold and Mr. Eliades, of counsel; Mr. Gold, Kimberly A. Yonta , and Justin M. Moles , on the brief).


In this appeal, we are called on to determine whether the constitutional standard governing an automobile search in State v. Pena-Flores, 198 N.J. 6, 965 A.2d 114 (2009) is unsound in principle and unworkable in practice.

In Pena-Flores, supra...

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