State v. Cassidy

This criminal appeal has as its backdrop the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -33 (the Act), which authorizes the issuance of ex parte restraining orders with an accompanying warrant to search for weapons. Defendant Thomas Cassidy appeals the failure to suppress evidence seized from his home pursuant to a defective ex parte domestic violence temporary restraining order (TRO). The State concedes the invalidity of the ex parte TRO that issued, and thus, the question is whether weapons seized as a result of the search may be used in defendant’s subsequent criminal…