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STATE v. FOLEY

218 N.J. Super. 210 (1987)

527 A.2d 482

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THOMAS FOLEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1987.

Attorney(s) appearing for the Case

Pogarsky & Louis, attorneys for appellant (Frank A. Louis, on the brief).

Edward J. Turnbach, Ocean County Prosecutor, attorney for respondent (Samuel J. Marzarella, Assistant County Prosecutor, of counsel and on the brief).

Before Judges O'BRIEN, SKILLMAN and LANDAU.

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

This appeal involves the constitutionality of a State Police investigatory procedure called Operation Lookout. This procedure consists of stationing troopers in toll booths on the Garden State Parkway to observe drivers who appear to be under the influence of alcohol.

Defendant appeared to a trooper involved in Operation Lookout to be under the influence. Therefore, the trooper ordered him to pull...

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