Opinion
DOCKET NO. A-2638-14T2
06-03-2015
Gretchen A. Pickering, Assistant Prosecutor, argued the cause for appellant (Robert L. Taylor, Cape May County Prosecutor, attorney; Ms. Pickering, on the brief). Toni M. Gheen argued the cause for respondent (Loveland, Garrett & Batastini, P.A., attorneys; Ms. Gheen, on the brief).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Before Judges Fisher and Manahan. On appeal from the Superior Court of New Jersey, Law Division, Cape May County, Indictment No. 14-02-00129. Gretchen A. Pickering, Assistant Prosecutor, argued the cause for appellant (Robert L. Taylor, Cape May County Prosecutor, attorney; Ms. Pickering, on the brief). Toni M. Gheen argued the cause for respondent (Loveland, Garrett & Batastini, P.A., attorneys; Ms. Gheen, on the brief). PER CURIAM
Plaintiff, the State of New Jersey, appeals from an order suppressing all evidence seized as a result of a warrantless search of defendant, Lamond T. Walker, at the Cape May County Jail. The State argues that defendant was lawfully confined and his actions gave officials a reasonable suspicion that he was concealing contraband, which resulted in a proper strip search. We disagree.
We have considered our standard of review of the factual findings underlying the motion judge's decision that Walker was subjected to a "body cavity search" and determined those findings to be supported by sufficient credible evidence in the record. State v. Elders, 192 N.J. 224, 243 (2007). We have also considered the controlling statutes and decisions of law. See N.J.S.A. 2A:161A-3 (defining what constitutes a "body cavity search"); State v. Hayes, 327 N.J. Super. 373, 384 (finding that N.J.S.A. 2A:161-5a mandates a warrant or consent for a body cavity search and that it be performed by a medical practitioner in a medically accepted manner and environment).
We affirm for the reasons expressed by Judge Patricia M. Wild in her comprehensive oral opinion of December 10, 2014.
Affirmed. I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION