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Thursday, February 10, 2011

STATE OF NEW JERSEY v. THOMAS J. SHANNON A-2549-08T4

STATE OF NEW JERSEY v. THOMAS J. SHANNON

A-2549-08T4

We reverse defendant's conviction of possession of cocaine,

finding his motion to suppress the cocaine found in a

warrantless search of his Jeep should have been granted. The

search was not incident to arrest, did not occur late at night,

the stop was in a residential area, and four Asbury Park Police

Officers were at the scene with defendant, who was alone. We

find no exigency existed pursuant to State v. Pena-Flores, 198

N.J. 6 (2009). 02-03-11