State v. Gervasio

The opinion of the Court was delivered by

HANDLER, J.

On September 25, 1978 the State Police conducted a routine stop of defendants’ car to check for compliance with driver’s license and vehicle registration laws and discovered that defendants were transporting 167 pounds of marijuana. Six months later, on March 27, 1979, the Supreme Court in Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660, declared that such random stops of vehicles on the public roads violated the Fourth Amendment of the United States Constitution. At issue in this case is whether the Prouse decision should be…