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STATE v. GIBSON

A-27 September Term 2012, 070910

95 A.3d 110 (2014)

218 N.J. 277

STATE of New Jersey, Plaintiff-Respondent, v. David M. GIBSON, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 7, 2014.

Attorney(s) appearing for the Case

Alyssa A. Aiello, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney).

Steven A. Yomtov, Deputy Attorney General, argued the cause for respondent (John J. Hoffman, Acting Attorney General, attorney).

Justice ALBIN delivered the opinion of the Court.

The right to walk freely on the streets of a city without fear of arbitrary arrest is one of the guarantees protected by the Fourth Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution. A person cannot be arrested unless there is probable cause to believe that he has committed or is committing an offense. An arrest without probable cause is an unreasonable seizure in...

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