State v. Davila

A warrantless search of a dwelling led to the arrest of defendant Johnnie Davila. Defendant moved to suppress the evidence obtained as a result of that search. He contested the asserted consensual nature of the entry of six officers into the apartment and, further, challenged the officers’ right to search the entire apartment under the rubric of conducting a protective sweep for purposes of officer safety. The trial court’s denial of defendant’s motion led to his plea. Defendant appealed and the Appellate Division affirmed.

We granted certification to address two important issues arising out…