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STATE v. KADELAK

258 N.J. Super. 599 (1992)

610 A.2d 916

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDWARD KADELAK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 1992.

Attorney(s) appearing for the Case

M. Daniel Kantor argued the cause for appellant.

Deborah Ann Siegrist, Assistant Prosecutor, argued the cause for respondent (Stephen G. Raymond, Burlington County Prosecutor, attorney; Larry E. Holtz, Assistant Prosecutor, of counsel and on the letter brief).

American Civil Liberties Union of New Jersey, Amicus Curiae (Deborah A. Ellis and Lisa Glick Zucker, of counsel; Suzanne Engelhardt, on the letter brief).

Before Judges O'BRIEN, HAVEY and CONLEY.

The opinion of the court was delivered by O'BRIEN, J.A.D.

In this driving while intoxicated (DWI) case, defendant appeals from the denial of his motion to suppress based upon his contention that the roadside safety check in which he was stopped violated his state and federal constitutional rights. We reverse and remand for reconsideration.

On August 9, 1990, the Bordentown City Police and the State Division of Motor Vehicles (DMV) conducted a "roadside safety...

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