State v. Badessa

The issue before us is whether evidence gathered by the police after an unconstitutional motor vehicle stop should have been excluded in a prosecution for refusal to submit to a breathalyzer test. In this case, after the unlawful stop, a police officer made observations that gave him probable cause to believe the car’s driver was under the influence of alcohol. Based on those observations, the officer requested that the driver submit to the breath alyzer test. The driver refused to take the test and was charged under the refusal statute, N.J.S.A. 39:4-50.4a. He then moved to suppress all…