STATE of New Jersey, Plaintiff-Appellant,
v.
Kyle A. SMART, Defendant-Respondent.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued November 28, 2022.
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).
JUSTICEFASCIALE delivered the opinion of the Court.
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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