Warrantless Search and Seizure in NJ Apartment
- June 11, 2012
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Defendant was convicted of possession of cocaine; receiving stolen property, a handgun; and second-degree unlawful possession of the stolen handgun when police conducted a warrantless search of his bedroom. Newark detectives appeared at defendant’s suspected address in Essex County. Police claim to have knocked, entered with the permission of defendant’s mother and entered defendant’s bedroom only upon their belief that defendant was inside the bedroom and dangerous due to the handgun in his possession. Defendant’s mother claims that 8-9 officers entered without knocking and started walking around the apartment while asking her questions about her son. Defendant filed a motion to suppress the handgun and cocaine but the court held that the testimony of the detectives was more credible than that of defendant’s mother, they had reason to believe defendant was in the bedroom, they knew he could be armed and dangerous and these exigent circumstances gave rise to the ability to enter the bedroom without a warrant. If you were the subject of a warrantless search and seizure, contact an experienced criminal defense attorney immediately to protect your rights. For more information on search and seizure or other criminal law matters in New Jersey contact HeatherDarlingLawyer.com.