State v. Kelsey, A-4850-10T1; Appellate Division; opinion by Fuentes, P.J.A.D.; decided and approved for publication February 13, 2013. Before Judges Fuentes, Graves and Harris. On appeal from the Law Division, Mercer County, Complaint No. S-2011-0249. [Sat below: Judge Billmeier.] DDS No. 14-2-9004 [10 pp.]
By leave granted, the state appeals from the order of the trial court denying its application to compel defendant Mylon Kelsey, a police officer in the city of Trenton, to produce a flashlight that may or may not be in defendant’s possession. The state claims it has probable cause to believe the flashlight may have been used by defendant illegally as a weapon, when defendant took part in a street brawl outside of a bar, during which at least one person sustained serious bodily injury from allegedly being hit with the flashlight.
