State of New Jersey, Plaintiff-Appellant v. Anthony Ercolano, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the trial court's order suppressing gambling slips seized from Anthony Ercolano's automobile, holding that the police's impoundment of the vehicle without the driver’s consent or a reasonable opportunity to arrange custody was unconstitutional, and that the subsequent inventory search was therefore invalid. The Court also rejected the plain view and inevitable‑discovery arguments. Justice Schreiber and Justice Handler dissented, arguing for a remand to determine probable cause, while Justice Pashman concurred in the result but clarified the impoundment test.