deraneyesq — 8 years ago
May 24th, 2017 – An Update on Search & Seizure of a Home
On January 12th, 2017, the Supreme Court of New Jersey Justice Fernandez-Vina handed down an opinion, joined by Chief Justice Rabner, and Justices LaVecchia, Albin, Patterson, and Timpone, held that two very established exceptions, Chrisman and Bruzzese, to the prohibition on warrantless entry to a home did not apply in the case at hand.
In the State of New Jersey v. James L. Legette, the court considered the two very established exceptions including (1) Washington v. Chrisman, 455 U.S. 1, 102 S. Ct. 812, 70 L. Ed. 2d 778 (1982) and (2) State v. Bruzzese, 94 N.J. 210 (1983), cert. denied, 465 U.S. 1030, 104 S. Ct. 1295, 79 L. Ed. 2d 695 (1984) which both concluded it was reasonable for police officers to follow arrestees into their home.
In the case at hand, the Court refused to extend the exception to a warrantless search of a home to detainees during an investigatory stop. For more information on the case, click here.
