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STATE v. SCOTT

231 N.J. Super. 258 (1989)

555 A.2d 667

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RORY SCOTT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1989.

Attorney(s) appearing for the Case

James S. Brewer, Assistant Prosecutor, argued the cause for appellant (John H. Stamler, Union County Prosecutor, attorney; James S. Brewer, of counsel and on the letter brief).

William J. McCarthy argued the cause for respondent.

Before Judges KING, BRODY and ASHBEY.

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

We granted the State's motion for leave to appeal an order suppressing evidence. Defendant is charged with possession of less than 25 grams of marijuana, a disorderly persons offense. N.J.S.A. 24:21-20a(4). The marijuana was in plain view on a bureau in his bedroom. The issue is whether shortly before he saw the marijuana, police officer Michael Mathis, the only witness at the suppression hearing, had...

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