Legal Opinion

State v. Fede

Supreme Court of New Jersey

Decided March 12, 2019No. A-53 September Term 2017; 079997PublishedCited by 11 opinions

1Opinion of the CourtJustice Timpone

**141In this appeal, we consider whether defendant Andrew J. Fede violated the criminal obstruction statute, N.J.S.A. 2C:29-1(a), when he refused to remove the chain lock from the door to his home and allow warrantless entry by police officers who were responding to a report of potential domestic violence.

We stress that the police officers had the right to enter defendant's home under the emergency-aid doctrine, which permits warrantless entry under circumstances like those presented in this case. Because defendant's refusal to remove the door chain did not constitute an affirmative…

2Cases cited11 opinions

  1. Manalapan Realty v. Township Committee of the Township of ManalapanSupreme Court of New Jersey · 1995
  2. State v. LashinskySupreme Court of New Jersey · 1979
  3. State v. James Grate State v. Fuquan Cromwell (072750)Supreme Court of New Jersey · 2015
  4. State v. FrankelSupreme Court of New Jersey · 2004
  5. State v. EdmondsSupreme Court of New Jersey · 2012

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Garden State Check Cashing Service, Inc. v. State of New Jersey Department of Banking and Insurance(081044)(Statewide)Supreme Court of New Jersey · 2019
  2. City of Shoreline v. McLemoreWashington Supreme Court · 2019
  3. MAZUR v. TOWNSHIP OF MARLBORODistrict Court, D. New Jersey · 2020
  4. MORALES v. MAXWELLDistrict Court, D. New Jersey · 2022
  5. SANDERS v. JERSEY CITYDistrict Court, D. New Jersey · 2021

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API