Posts Tagged ‘protective sweep’
For A Protective Sweep, Officers Need A Reasonable and Articulable Suspicion of a Crime Being Committed or That There May Be Danger in The Area
State v. Williams 461 N.J. Super. 80 (2019) Decided August 29, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published decision, the Appellate Division of New Jersey reviewed whether a warrantless search resulting in the seizure of cocaine was valid after police were given permission to enter the home and they conducted a…
Read MoreConstitutionality of a Warrantless Search and a Protective Sweep of a Residence
State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…
Read MorePolice Plain View Doctrine in Your Home
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. If the police are lawfully called to your home for a domestic violence investigation are they allowed to walk around and perform a “safety sweep” in order to secure their safety while conducting a domestic violence investigation/call? The resounding answer is no! In this case the appellate…
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