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STATE v. CARTY

790 A.2d 903 (2002)

170 N.J. 632

STATE of New Jersey, Plaintiff-Appellant, v. Steven J. CARTY, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 4, 2002.

Attorney(s) appearing for the Case

Linda A. Shashoua, Assistant Prosecutor, argued the cause for appellant (Lee A. Solomon, Camden County Prosecutor, attorney).

Edward J. Crisonino, Cherry Hill, argued the cause for respondent.

Deborah C. Bartolomey, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (John J. Farmer, Jr., Attorney General, attorney).

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for amicus curiae Office of the Public Defender (Peter A. Garcia, Acting Public Defender, attorney).

John P. McDonald, Somerville, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (McDonald, Rogers & Rizzolo, attorneys).

Kevin McNulty, Newark, argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Lawrence S. Lustberg, of counsel).

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

This consensual search and seizure case presents the novel question whether a request to search a motor vehicle, following a valid stop by the police, requires reasonable and articulable suspicion that a search would reveal evidence of criminal wrongdoing. The Appellate Division held that a request for consent absent reasonable and articulable suspicion violated the New...

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