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STATE v. HAYBURN

171 N.J. Super. 390 (1979)

409 A.2d 802

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH L. HAYBURN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1979.

Attorney(s) appearing for the Case

Pellettieri and Rabstein, attorneys for appellant (David R. Hamilton on the brief).

John J. Degnan, Attorney General, attorney for respondent (Carol M. Henderson, Deputy Attorney General, of counsel and on the brief).

Before Judges BISCHOFF, BOTTER and DWYER.

The opinion of the court was delivered by BOTTER, J.A.D.

The sole question on this appeal is the validity of a warrantless search of the trunk of an automobile driven by defendant who was stopped for speeding by a state trooper. Purportedly for the purpose of looking for the vehicle's registration certificate, the trooper compelled defendant to open the trunk where he found, instead, a large load of marijuana. In a prior appeal from defendant's conviction we remanded...

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