Ernie Lane v. State NJ

Appellate Judgement, Published.

more+
less-

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).

LOADING PDF: If there are any problems, click here to download the file.

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

Written by:

more+
less-

Kirsch, Gelband, & Stone on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×