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STATE v. RODRIGUEZ

796 A.2d 857 (2002)

172 N.J. 117

STATE of New Jersey, Plaintiff-Respondent, v. Raul RODRIGUEZ, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 15, 2002.

Attorney(s) appearing for the Case

Mary Virginia Barta, Assistant Deputy Public Defender, argued the cause for appellant (Peter A. Garcia, Acting Public Defender, attorney).

Jack R. Martin, Assistant Prosecutor, argued the cause for respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney).

Michael J. Williams, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter C. Harvey, Acting Attorney General, attorney).

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

This case implicates defendant's right to be free of unreasonable searches and seizures under the Fourth Amendment of the United States Constitution and under the analogous provision of our State Constitution. We must determine whether the police subjected defendant to an investigative detention prior to their search of his person and, if so, whether they had a sufficient basis to justify that conduct. The lower...

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