STATE v. ALSTON


279 N.J. Super. 39 (1995)

652 A.2d 195

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOMMIE C. ALSTON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1995.


Attorney(s) appearing for the Case

John F. Fahy, Bergen County Prosecutor, attorney for appellant (John J. Scaliti, Assistant Prosecutor, of counsel and on the letter-briefs).

Susan L. Reisner, Public Defender of New Jersey, attorney for respondent (George Mettler, Designated Counsel, on the brief).

Before Judges PETRELLA, HAVEY and CUFF.


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

The State appeals, by leave granted, from an order suppressing evidence seized from a vehicle operated by defendant, Tommie C. Alston. The issue is whether the arresting police officer's order to the passengers to alight from the vehicle is constitutionally valid. We conclude that it was and therefore reverse and remand for further proceedings.

Defendant and co-defendant Isiah Howard, were charged with...

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