STATE OF NEW JERSEY VS. ENDER F. POMPA A-0139-08T4 (7-2-10)
Following his conviction of various drug offenses,
defendant appealed the denial of his motion to suppress in
excess of thirty pounds of marijuana seized by police without a
warrant from a closet in the sleeper cabin of defendant's
tractor trailer. The court held that the closely regulated
business exception permitted a warrantless administrative
inspection of certain areas of the tractor trailer, but
concluded that the search turned unlawful when it progressed
into unregulated areas without the exigent circumstances
required by State v. Pena-Flores, 198 N.J. 6, 28 (2009).
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