People v. JOHNSON (JAMES)

OPINION OF THE COURT

G.B. Smith, J.

Following an arrest for driving with a suspended license, the police recovered a loaded gun in defendant’s vehicle. The issue in this case is whether the evidence was seized pursuant to a valid inventory search. We agree with the suppression court and the defendant that the evidence adduced at the hearing was insufficient to establish that the alleged inventory search was valid, and therefore reverse the Appellate Division.

I

Defendant James Johnson was indicted for multiple counts of criminal possession of a weapon. At the suppression hearing, the arresting…