State v. Vonderfecht

State v. Vonderfecht, 284 N.J. Super. 555, 665 A.2d 1145 (App.Div.1995), held that an arrest may be made for the petty disorderly persons offense of defiant trespass, the same offense for which J.M. was taken into custody. After a careful analysis of the legislative history the court found no reason to distinguish between disorderly persons offenses and petty disorderly offenses insofar as the authority to arrest conferred on a police officer by N.J.S.A. 40A:14-152 is concerned. Having concluded that the defendant was subject to arrest the court, without discussion, upheld a full station house inventory search. The Court held that an arrest may be made for defiant trespass, the same offense at issue here. After a careful analysis of the legislative history the court found no reason to distinguish between disorderly persons offenses and petty disorderly offenses insofar as police authority to arrest is concerned. N.J.S.A. 40A:14-152. Having concluded that the defendant was subject to arrest, the court, without discussion, upheld a full station house inventory search. The opinion does not suggest the search was challenged on the grounds discussed herein. The court did not distinguish between a custodial arrest and a non-custodial arrest, and did not discuss the impact of the court rules.