State v. Collins

SPINDEN, Judge.

In the trial of Gary R. Collins on a charge of carrying a concealed weapon,1 the trial court concluded that the so-called traveler’s exemption was not applicable to his case. Collins appeals. We reverse and remand for a new trial.

On May 11, 1992, Collins was traveling with his wife and a friend in a car on U.S. 71 near Passaic when a Highway Patrol trooper stopped their car at about 10:50 P.M. for speeding. Collins’ wife was driving. Collins was asleep in the backseat. The trooper testified that he drove behind the car for a couple of miles and concluded that it was traveling…