Opinion
Argued December 2, 1986 —
Decided December 23, 1986.
On appeal from the Superior Court, Law Division, Union County.
Before Judges ANTELL and LONG.
Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for appellant ( John H. Stamler, Union County Prosecutor, attorney; Raymond J. Zeltner, Assistant Prosecutor, of counsel and on the letter brief).
Joseph Spagnoli argued the cause for respondent Marlon S. Cuellar ( Spagnoli Thuring, attorneys; Rodney W. Bryson of the Bar of Florida, admitted pro hac vice).
Francis X. Hermes argued the cause for respondent Carlos A. Medina ( H. Frank Rubio of the Bar of Florida, admitted pro hac vice).
This is an appeal by the State from the trial judge's order granting a motion to suppress filed on behalf of defendants, Marlon S. Cuellar and Carlos A. Medina. The State claims that:
Point I — The stop of the vehicle was proper.
Point II — The observation of the switchblade knife was made in plain view.
Point III — The search of the vehicle was proper.
We disagree and affirm substantially for the reasons expressed by the trial judge, Judge Menza, in his oral opinion of March 17, 1986, and his subsequent written opinion which is reported at 211 N.J. Super. 299 (Law Div. 1986).
Affirm.