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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