Legal Opinion

State v. Birkenmeier

Supreme Court of New Jersey

Decided January 19, 2006PublishedCited by 16 opinions

1Opinion of the CourtJustice Rivera-Soto

This appeal requires that we determine, under the circumstances presented, the propriety of a vehicle stop and the searches that followed. Defendant Bruce Birkenmeier asserts that, given the quantum of information possessed by the police at the time, the police were required to obtain a search warrant before stopping and searching his car and thereafter securing consent to search his house. The State argues that there was no requirement that the police secure a prophylactic search warrant, that the police had reasonable suspicion to stop defendant’s car and, once stopped, that there was…

2Cases cited10 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. State v. JohnsonSupreme Court of New Jersey · 1975
  3. State v. CartySupreme Court of New Jersey · 2002
  4. State v. NishinaSupreme Court of New Jersey · 2003
  5. State v. StovallSupreme Court of New Jersey · 2002

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. STATE OF NEW JERSEY VS. ANGEL L. RIVERA (16-06-0556, CUMBERLAND COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  2. STATE OF NEW JERSEY VS. CORNELIUS C. COHEN (16-10-0162, MIDDLESEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
  3. STATE OF NEW JERSEY VS. DANIEL T. KATZ (18-06-0790, MONMOUTH COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  4. STATE OF NEW JERSEY VS. DAVID J. LOMANTO (15-04-0776, OCEAN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  5. STATE OF NEW JERSEY VS. KEITH A. CRUMP (13-12-2233, MONMOUTH COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018

11 more not listed; retrieve them via the Exa API.

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