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Wednesday, June 22, 2011

State of New Jersey v. Rice A-2783-10T4

06-14-11
The order granting suppression and remand for a consideration of any other issues regarding the temperature probe in conformity with this opinion and our holding in Holland. If the Law Division judge orders suppression for some other reason, the judge should enter an order memorializing that determination, vacate the guilty plea, and remand to the municipal court for a disposition of the charges on the State's observational case. If, however, the Law Division judge determines that suppression must be denied, then the judge shall sentence defendant based on the guilty plea previously entered.