App. Div. stays its own decision in State v. Eckel

By order dated January 24, 2005, the Appellate Division of the Superior Court has granted the State’s motion to stay its landmark decision in State v. Eckel. As you may recall, Eckel is the case where the Appellate Division ruled that the exception to the warrant requirement which permits police to search motor vehicles incident to the arrest of one of the vehicle’s occupants does not apply in New Jersey. The stay was granted by the Court pending disposition of the Attorney General’s petition for certification to the Supreme Court.

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