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STATE v. BARKSDALE

224 N.J. Super. 404 (1988)

540 A.2d 901

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DRAKE BARKSDALE, DEFENDANT-RESPONDENT. STATE OF NEW JERSEY IN THE INTEREST OF A.N.W., A JUVENILE.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 1988.

Attorney(s) appearing for the Case

John H. Stamler, Prosecutor of Union County, for appellant (Dennis R. O'Brien, Assistant Prosecutor, of counsel and on the letter brief).

Alfred A. Slocum, Public Defender, for respondent Drake Barksdale (Mark M. Cheser, Designated Counsel, of counsel and on the letter brief).

Alfred A. Slocum, Public Defender, for respondent A.N.W., a juvenile (Steven M. Gilson, Designated Counsel, on the letter brief).

Before Judges J.H. COLEMAN and O'BRIEN.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

This appeal raises the question of when is a search of an automobile incident to a lawful arrest after the arrestee and other occupants are no longer inside the motor vehicle. The Law Division suppressed the use of evidence seized because the search was conducted pursuant to an administrative policy and not as an incident to a lawful arrest. We now affirm.

Defendant Drake Barksdale, Curtis McKoy...

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