State of New Jersey, Plaintiff-Appellant and Cross-Respondent v. Reinaldo Maristany, Defendant-Respondent and…

Summary

The Supreme Court of New Jersey held that the driver’s consent authorized a search of all luggage in the trunk despite uncertainty of ownership, and that the trial court erred by admitting the driver’s out‑of‑court statement linking the bag to the defendant as inadmissible hearsay. The judgment of the Appellate Division was affirmed in part, reversed in part, and the case remanded for retrial. Justice POLLOCK, dissenting in part, argued that the majority’s reliance on apparent authority encourages police ignorance.