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STATE v. MALIK

221 N.J. Super. 114 (1987)

534 A.2d 27

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JESSICA MALIK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1987.

Attorney(s) appearing for the Case

Larry J. McClure, Bergen County Prosecutor, attorney for appellant (Ulrike M. Ziebarth, Assistant Prosecutor, on the letter brief).

Michael B. Ryan, attorney for respondent (Michael B. Ryan, on the brief).

Before Judges PETRELLA, DREIER and BAIME.

BAIME, J.A.D.

We granted the State's motion for leave to appeal from an interlocutory order of the Superior Court, Law Division, suppressing evidence seized by the police following defendant's arrest. The novel question presented is whether the police may, without a search warrant, compel an arrested defendant to provide a urine specimen when they have probable cause to believe that she is under the influence of a controlled dangerous substance. Following an evidentiary...

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