Opinion
A-41/42 September Term 2017 079255
01-24-2019
STATE of New Jersey, Plaintiff, v. Donna M. ALESSI, Defendant.
AMENDED ORDER
The Supreme Court heard oral argument in this appeal on November 7, 2018. The Court has determined that a remand to the trial court is required for that court to make a record and findings of fact and law on whether the officer's stop of defendant's vehicle was constitutional under U.S. Const. amend. IV and N.J. Const. art. I. ¶ 7. In that inquiry, among other things, the trial court should address whether, under the circumstances of this case, a police officer may stop a vehicle to question the driver when both the stop and the questioning are unrelated to any motor vehicle violation.
The trial court is requested to file with the Court and serve on the parties its written findings of fact and law on or before January 30, 2019. The parties may file and serve briefs addressing the trial court's findings simultaneously on or before February 20, 2019, with any responses filed and served simultaneously on or before March 11, 2019.
Jurisdiction is retained.