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STATE v. CUSHING

Nos. A-68 September Term 2014. 073925.

140 A.3d 1281 (2016)

226 N.J. 187

STATE of New Jersey, Plaintiff-Appellant, v. Michael CUSHING, Defendant-Respondent.

Supreme Court of New Jersey.

Decided August 3, 2016.

Attorney(s) appearing for the Case

Emily R. Anderson, Deputy Attorney General, argued the cause for appellant (John J. Hoffman, Acting Attorney General of New Jersey, attorney).

James K. Smith Jr., Assistant Deputy Public Defender, argued the cause for respondent (Joseph E. Krakora, Public Defender, attorney).

Ronald K. Chen, Trenton, argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Edward L. Barocas, Legal Director, attorney; Mr. Chen, Mr. Barocas, Jeanne M. LoCicero and Alexander R. Shalom, of counsel and on the brief).

At issue in this appeal is the validity of a third party's consent to search an adult household member's bedroom. The trial court denied defendant's motion to suppress the evidence seized as a result of the warrantless search; however, the Appellate Division reversed, concluding that the on-the...

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