STATE v. SMART

A-6 September Term 2022 087315.

289 A.3d 469 (2023)

253 N.J. 156

STATE of New Jersey, Plaintiff-Appellant, v. Kyle A. SMART, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 8, 2023.


Attorney(s) appearing for the Case

Samuel J. Marzarella , Chief Appellate Attorney, argued the cause for appellant ( Bradley D. Billhimer , Ocean County Prosecutor, attorney; Samuel J. Marzarella, of counsel and on the briefs).

Clifford P. Yannone , Toms River, argued the cause for respondent (Starkey, Kelly, Kenneally, Cunningham & Turnbach, attorneys; Clifford P. Yannone, on the briefs).

Adam D. Klein , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Matthew J. Platkin , Attorney General, attorney; Adam D. Klein, of counsel and on the brief).

Monica do Outeiro , Assistant Monmouth County Prosecutor, argued the cause for amicus curiae County Prosecutors Association of New Jersey ( Jeffrey H. Sutherland , President, County Prosecutors Association of New Jersey, attorneys; Jeffrey H. Sutherland , of counsel, and Monica do Outeiro, on the brief).

Elizabeth C. Jarit , Deputy Public Defender, argued the cause for amicus curiae Public Defender of New Jersey ( Joseph E. Krakora , Public Defender, attorney; Elizabeth C. Jarit, of counsel and on the brief).

Bruce S. Rosen , Florham Park, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; Bruce S. Rosen, on the brief).

Alexander Shalom , Newark, argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Alexander Shalom and Jeanne LoCicero , on the brief).


In this case, we determine whether the automobile exception to the warrant requirement, as articulated in State v. Witt, 223 N.J. 409, 447-48, 126 A.3d 850 (2015), permitted the warrantless search of a vehicle...

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