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STATE v. DANGERFIELD

795 A.2d 250 (2002)

171 N.J. 446

STATE of New Jersey, Plaintiff-Appellant, v. William DANGERFIELD, Defendant-Respondent.

Supreme Court of New Jersey.

Decided April 24, 2002.

Attorney(s) appearing for the Case

Mark P. Stalford, Assistant Prosecutor, argued the cause for appellant (John A. Kaye, Monmouth County Prosecutor, attorney; Mary R. Juliano, Assistant Prosecutor, on the brief).

Sylvia M. Orenstein, Assistant Deputy Public Defender, argued the cause for respondent (Peter A. Garcia, Acting Public Defender, attorney).

Linda K. Danielson, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (John J. Farmer, Jr., Attorney General, attorney).

David A. Ruhnke, Montclair, argued the cause for amicus curiae Association of Criminal Defense Lawyers-New Jersey (Ruhnke & Barrett, attorneys).

The opinion of the Court was delivered by COLEMAN, J.

The issue raised in this appeal is whether the police had probable cause to arrest defendant for defiant trespass and, if probable cause existed, whether the police should be permitted to conduct a full body search incident to an arrest for a petty disorderly persons offense. The trial court found that the State failed to establish probable cause and suppressed the evidence seized from defendant. On leave granted...

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