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STATE v. GONZALEZ

114 N.J. 592 (1989)

556 A.2d 323

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MANUEL E. GONZALEZ, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 24, 1989.

Attorney(s) appearing for the Case

James J. Gerrow, Jr., Deputy First Assistant Prosecutor, argued the cause for appellant (Stephen G. Raymond, Burlington County Prosecutor, attorney; James J. Gerrow and Deborah A. Siegrist, Assistant Prosecutor, on the brief).

Jerome A. Sweeney argued the cause for respondent (Sweeney & Yetman, attorneys).

Carol M. Henderson, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter N. Perretti, Jr., Attorney General, attorney).

Emerson L. Darnell submitted a brief on behalf of amicus curiae American Civil Liberties Union of New Jersey (Emerson L. Darnell, attorney; Robert L. Sloan, on the letter brief).

The opinion of the Court was delivered by WILENTZ, C.J.

This appeal is from a judgment declaring invalid the current procedure employed by law enforcement personnel in issuing tickets for traffic violations. The Law Division held that for a ticket to be valid a judge, judicial clerk, or deputy clerk must, after the officer has given the driver a ticket, make an independent determination of probable cause. We hold that no such probable cause finding is required for...

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