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Sunday, February 05, 2017

State v. Tawian Bacome (A-9-15

State v. Tawian Bacome (A-9-15; 075953) 

The heightened-caution standard announced in Smith, supra, 134 N.J. at 618-20, remains the proper test for determining the appropriateness of ordering a passenger from a car. Under the Smith test, defendant’s furtive movements inside a recently stopped vehicle provided an objectively reasonable basis for officers’ exercising heightened caution, justifying removal of the passenger.