November 9, 2015

State v. Gibson 218 NJ 277 (2014)

Police can’t search just because person is in no loitering area. If no probable cause to arrest, search of person is improper State v. Gibson  218 NJ  277 (2014)
 There is insufficient evidence in the record to support a finding that Officer Comegno had probable cause to arrest Gibson for defiant trespass; therefore, the subsequent search at the stationhouse was unconstitutional and the drug evidence seized during the search must be suppressed.

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