Ernie Lane v. State NJ

Appellate Judgement, Published.

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State v. Lane, A-1907-04T4, (Appellate Division, New Jersey, May 21, 2007), motion to suppress rifle; remand for new trial, questioning validity of warrantless search under the Fourth Amendment to the US Constitution, i.e. whether the police had the right to conduct a protective sweep of defendant’s back yard without a warrant and without a reasonable articulable suspicion of danger.

The court remanded for further proceedings because the

trial judge's findings did not fully explain numerous factors applicable to the application of both the plain view exception and the protective sweep exception. And, as a matter of first impression in this state, the court expansively interpreted Maryland v. Buie, 494 U.S. 325, 110 S. Ct. 1093, 108 L. Ed. 2d 276 (1981), and held that a protective sweep may be validly

performed even when an arrest is not performed.

Decided and approved for publication, May 21, 2007. (Jay Bernstein, designated counsel, on the brief, Office of the Public Defender).

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Reference Info:Decision | State, 3rd Circuit, New Jersey | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jay Bernstein, Kirsch, Gelband, & Stone | Attorney Advertising

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