State v. Domicz

Justice WALLACE, JR.,

concurring and dissenting.

In my view, the Court is not required to address the difficult issue of whether the reasonable and articulable suspicion standard is a prerequisite to a consent search of a home. Defendant did not raise that issue at his suppression hearing or before the Appellate Division. We have frequently “expressed our reluctance to decide issues that were not addressed in the trial court or the Appellate Division.” Gac v. Gac, 186 N.J. 535, 547, 897 A.2d 1018 (2006). Moreover, “[w]e have applied that principle even when a constitutional issue is presented.”…