This was originally posted on the SGR Blog.
Court of Appeals Disagrees (4-3)
Our Courts regularly hold evidentiary hearings to determine whether evidence seized by the police without a warrant should be suppressed. A recent case reached our State’s highest Court after the Supreme Court denied a motion to suppress drugs found during a traffic stop– and the Appellate Division agreed. Four Judges of the Court of Appeals affirmed in a brief opinion. But three Judges dissented in a far more detailed recitation of the facts followed by an even more comprehensive legal rebuttal.
Reginald Blandford appealed the denial of his motion to suppress marijuana found during a traffic stop of his vehicle. In the course of a stop predicated on the observation of traffic violations—the legality of which (according to the majority decision) Blandford did not contest before the Court of Appeals.
Continue reading