7-22-09 State v. Robinson (A-62-08)

7-22-09 State v. James Robinson (A-62-08)
Defendant’s conviction and sentence are reinstated because, in
the circumstances of this case, the delay of twenty- to thirtyseconds
between the police officers knocking and announcing
their purpose to execute a search warrant and their forcible
entry into the apartment was reasonable, and defendant’s
challenge concerning the officers’ use of a “flash bang” device
was raised for the first time on appeal and was not appropriate
for consideration.

Richard Sadowski
Assistant Editor

7-21-09 State v. Marshall (A-33-08)

7-21-09 State v. Quinn Marshall (A-33-08)
The search warrant was issued in violation of the constitutional
requirement to describe the place to be searched with
particularity. Because police were authorized to determine if
the conditions in the warrant were satisfied, the role of the
neutral, detached magistrate was delegated to the police. The
failure to comply with the particularity requirement and the
failure to have a neutral and detached magistrate determine
whether the conditions in the warrant were satisfied are
constitutional violations, not technical insufficiencies
justifying overlooking the deficiencies in the warrant.

Richard Sadowski
Assistant Editor

07-02-09 STATE V. O'DONNELL

07-02-09 STATE V. ALICE O'DONNELL
A-0858-06T4
Evidence observed in plain view during a police entry into
a residence to provide emergency aid may be seized without a
warrant even though there is a short delay between the emergency
aid entry and the seizure of evidence by other police officers
responsible for processing the crime scene.

Richard Sadowski
Assistant Editor