State v. Dominick

OPINION

JOHN A. CONTE, J.S.C.

This is an interlocutory appeal from a decision of the Municipal Court of Saddle River granting the motion of the defendant to suppress evidence obtained following a motor vehicle stop. There was no hearing and no one testified. The parties stipulated that the facts contained in their opposing briefs were consistent and could serve as the basis for a ruling of the court.

There are two fact sensitive issues raised. Is the surrender of incriminating evidence to a police officer during a valid motor vehicle stop governed by the rules of search and seizure? If so, was…