Supreme Court of New Jersey
State of New Jersey, Plaintiff-Respondent v. James Badessa, Defendant-Appellant
November 10, 2005185 N.J. 303
Summary
The Supreme Court of New Jersey held that evidence obtained after an unconstitutional motor‑vehicle stop, including the officer’s observations used to support a breath‑test refusal conviction, must be suppressed because the attenuation doctrine does not apply and the refusal statute is not distinct from the DWI statute. The Court reversed the Appellate Division and remanded for entry of an order consistent with this holding.