No Right To Detain Suspects Away From Premises While Executing Warrant

In the execution of a warrant, police knowingly allowed suspects to leave the apartment and travel approximately one mile prior to stopping the vehicle and returning the occupants to the apartment where the police search team was already at work and found a gun and drugs. The police then arrested the men and discovered that a key located during a patdown search at the motor vehicle stop unlocked the apartment door. Defendant moved to suppress statements to the police made during the motor vehicle stop and the apartment key itself. The district court denied the motion indicating the motor vehicle stop and return to the apartment was justified as a detention incident to the execution of a search warrant under Michigan v. Summers. The United States Supreme Court reviewed the matter of Bailey v. United States and read Summers as allowing detention of the occupants of the premises during a valid search without particularized suspicion as to the involvement of the occupant in potential criminal activity. The court found three interests of law enforcement justifying the detention including 1) officer safety, 2) preventing interference with the search or destruction of evidence and 3) preventing those who may be guilty from fleeing. Upon considering the distance of the defendants from the apartment the US Supreme Court held that the arrest approximately a mile away "involved an additional level of intrusiveness" detention beyond the immediate vicinity of the premises is invalid. Motions to suppress evidence are difficult but possible if the appropriate facts exist and may result in the dismissal of the prosecution's case against you. If you are charged with a crime in New Jersey, you should immediately hire an experienced criminal attorney who will review the facts of the case and determine how to best help you to defeat the charges against you. For more information on illegal searches, motions to suppress or other criminal matters including drug (CDS), gun, assault, domestic violence, burglary, theft, shoplifting and DUI/DWI in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Warrantless Search Without Danger Exceeds Community Caretaking Role of Police in NJ

Following receipt of an anonymous call about domestic violence, the police appeared at a New Jersey residence to determine whether there was danger to anyone. Upon arrival, police were met at the entrance to the apartments by the alleged victim. The alleged victim advised the police there were no problems at the residence and she was not in danger. The police found the circumstances to be curious, especially the fact that the alleged victim was at the door waiting for them, rather than inside with the other occupants. In order to determine whether the alleged victim was truly safe, the police insisted upon gaining entry into the apartment and were admitted into defendant's apartment by the parties' 11 year old child. Upon entry into the apartment, the police saw no signs of danger or unrest and no weapons were observed in plain view. At that time, rather than accepting that there was no actual danger present, the police violated defendant's rights by undertaking a warrantless search of the premises. The illegal search revealed a handgun under a pillow near the defendant and he was charged with a weapons offense. Only in the case of an emergency requiring immediate action by the police is a warrantless search permissible. The New Jersey Supreme Court held that this was an illegal search in violation of defendant's rights to enjoy the protections of the constitution relating to a person's home as offering a reasonable expectation of privacy from intrusion. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you face criminal charges and believe that evidence against you was illegally obtained by police, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on search and seizure, illegal search, warrantless search, domestic violence, anonymous tips or other criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com.