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State v. Wysocki

Decided: February 5, 1979.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
JAMES B. WYSOCKI, DEFENDANT-RESPONDENT



On appeal from Superior Court, Law Division, Somerset County.

Fritz, Bischoff and Morgan. The opinion of the court was delivered by Bischoff, J.A.D.

Bischoff

The State appeals pursuant to leave granted from an order suppressing "all evidence seized on the grounds that such evidence was seized as a result of an illegal warrantless search."

At the commencement of the hearing on the motion to suppress, the record discloses the attorneys agreed that the trial judge should decide the motion on the basis of a stipulation of facts, the facts appearing in the briefs and "provided in the various letter memorandums submitted to the court."

The following facts were thus presented to the court.

On the afternoon of January 31, 1978 the car of defendant James B. Wysocki was immobilized by snow in the driveway

of a friend he had been visiting in Bernardsville, New Jersey. He radioed police for assistance and Patrolman Trepiccione arrived and determined that a tow truck would be needed. After calling for a truck, the officer asked defendant for either his driver's license, as the State contends in a brief filed below, or simply for identification, as it argues on this appeal. Defendant handed the officer the driver's license of one Louis Ferdinand, age 53. Wysocki, in his teens, appeared much younger and when asked by Trepiccione to spell Ferdinand, his response was incorrect. The officer radioed headquarters for a license plate check, and the answer disclosed that the license plates on the car stuck in the snow were assigned to a 1965 Rambler, while the car to which the plates were affixed was a 1977 Toyota. Defendant was arrested and searched. The search disclosed stolen articles contained within the car and the search of defendant revealed the presence of stolen articles on his person. Defendant's motion to suppress this evidence was granted and provides the basis for this appeal.

Additional facts before the court reveal that there had been reports of prowlers in the area and the officer did not recognize defendant as being a local resident. Further, the officer was required to complete a "Citizen's Assistance Report" and needed defendant's name and address for that purpose.

It is defendant's contention that it was improper for the police to ask him to produce his driver's license. He argues that N.J.S.A. 39:3-29*fn1 authorizes a police officer

to demand production of a driver's license only when a driver is observed operating a motor vehicle on the highway while, on the contrary, he was not operating and the vehicle involved was not on the highway but in a private driveway. Assuming arguendo that the request was for driving credentials, we disagree. The statute is not, by its terms, so restricted and is not to be so narrowly construed. "If a motor vehicle statute makes no references to offenses occurring on a public highway, it is usually held that the statute applie(s) generally throughout the State." State v. McColley , 157 N.J. Super. 525, 530 (App. Div. 1978); State v. Magner , 151 N.J. Super. 451, 454 (App. Div. 1977). Moreover, operation of a motor vehicle on the highway by a particular driver may be established by circumstantial evidence. State v. Sweeney , 40 N.J. 359 (1963); State v. Dickens , 130 N.J. Super. 73 (App. Div. 1974); State v. Guerrido , 60 N.J. Super. 505, 511 (App. Div. 1960); State v. Prociuk , 145 N.J. Super. 570 (Cty. Ct. 1976); State v. Damoorgian , 53 N.J. Super. 108 (Cty. Ct. 1958); cf. State v. Daly , 64 N.J. 122 (1973).

Here the defendant called for assistance to release his car from the snow so he could enter the highway. He admitted he had been visiting the occupants of the house and became stuck in ...


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