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