Legal Opinion

State v. Patton

New Jersey Superior Court Appellate Division

Decided May 19, 1992PublishedCited by 6 opinions

1Opinion of the Court

The opinion of the court was delivered by

GAULKIN, P.J.A.D.

We hold here that defendant’s assertion of the privilege against self-incrimination bars his disorderly persons conviction under N.J.S.A, 2C:35-10c:

*416Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of [N.J.S.A. 2C:35-10a, prohibiting possession of any controlled dangerous substance without a prescription] and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection…

2Cases cited11 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Marchetti v. United StatesSupreme Court of the United States · 1968
  3. Grosso v. United StatesSupreme Court of the United States · 1968
  4. Haynes v. United StatesSupreme Court of the United States · 1968
  5. Right to Choose v. ByrneSupreme Court of New Jersey · 1982

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3Cited by6 opinions

  1. State v. CereficeNew Jersey Superior Court Appellate Division · 2000
  2. New Jersey Coalition of Rooming and Boarding House Owners Louis Cook John E. Brown Leonard Levy Carol Wise Brenda Copeland Michael Byrne Beverly Deming Eugene Hodas v. Mayor and Council of the City of Asbury Park the City of Asbury Park, a Municipal Corporation of the State of New Jersey Mayor and Council of the Township of Neptune the Township of Neptune, a Municipal Corporation of the State of New Jersey Mayor and Council of Keansburg Borough of Keansburg, a Municipal Corporation of the State of New Jersey, Mayor and Council of the City of Asbury Park the City of Asbury Park, Defendants/third-Party v. State of New Jersey, Third-PartyCourt of Appeals for the Third Circuit · 1998
  3. State v. PattonSupreme Court of New Jersey · 1993
  4. New Jersey Coalition of Rooming & Boarding House Owners v. Mayor of Asbury ParkCourt of Appeals for the Third Circuit · 1998
  5. State v. PattonSupreme Court of New Jersey · 1993

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