STATE v. CUSHING

Nos. A-68 September Term 2014. 073925.

140 A.3d 1281 (2016)

226 N.J. 187

STATE of New Jersey, Plaintiff-Appellant, v. Michael CUSHING, Defendant-Respondent.

Supreme Court of New Jersey.

Decided August 3, 2016.


Attorney(s) appearing for the Case

Emily R. Anderson , Deputy Attorney General, argued the cause for appellant ( John J. Hoffman , Acting Attorney General of New Jersey, attorney).

James K. Smith Jr. , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney).

Ronald K. Chen , Trenton, argued the cause for amicus curiae American Civil Liberties Union of New Jersey ( Edward L. Barocas , Legal Director, attorney; Mr. Chen, Mr. Barocas, Jeanne M. LoCicero and Alexander R. Shalom , of counsel and on the brief).


At issue in this appeal is the validity of a third party's consent to search an adult household member's bedroom. The trial court denied defendant's motion to suppress the evidence seized as a result of the warrantless search; however, the Appellate Division reversed, concluding that the on-the...

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