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NJ Supreme Court Bans Warrantless Search in 2008 Case

Police officers answering a domestic violence 911 call weren’t authorized to conduct a warrantless search of a house once it was clear the occupants weren’t in danger.

Courtroom
Peter Dazeley, Getty Images

That’s the New Jersey Supreme Court ruling in a case from Roselle Park in 2008.

Officers arrived to find a woman who told them there was no problem and she and her son were the only ones home.

They entered to find another man watching television. In a subsequent search of the area where the man was sitting, police found a .38-caliber revolver. Shareef Edmonds was charged with two weapons offenses and appealed, saying the search was unconstitutional.

Thursday’s 6-1 ruling held that after Edmonds was frisked, officers required a search warrant to search further.

Justice Anne Patterson dissented from the majority opinion.

(Copyright 2012 by The Associated Press.  All Rights Reserved.)

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