State v. Pena-Flores, et al., etc., A-129 September Term 2007; Supreme Court; opinion by Long, J.; dissent by Albin, J.; decided February 25, 2009. On appeal from the Appellate Division ( State v. Pena-Flores ). [Sat below: Judges Wefing and Messano in the Appellate Division.] On certification to the Appellate Division ( State v. Fuller ). [Sat below: Judges Parker and Yannotti in the Appellate Division.] DDS No. 14-1-2889 [66 pp.]
In the first of these consolidated cases, State v. Pena-Flores , a vehicle driven by defendant Fausto Paredes was pulled over by police after it cut off traffic. The officer noticed a strong smell of raw marijuana. Outside of the vehicle, Paredes and his passenger, defendant Juan Pena-Flores, were patted down. No contraband was found. Unable to see into the vehicle because of its darkly tinted windows, one of the officers entered the vehicle and discovered two clear plastic bags of marijuana on the front passenger-side floor. After Paredes and Pena-Flores were placed under arrest, the officer continued his search and found in the back seat a handgun in a child safety seat and more marijuana.
