State v. Bruzzese

Succinctly stated, the issue in this case is whether the use of an arrest warrant as a pretext to search someone’s home is reasonable under the New Jersey and United States Constitutions. See U.S. Const, amend. IV; N.J. Const, art. I, par. 7 (1947). The majority finds to be irrelevant the fact that the arrest warrant was used as a pretext. I respectfully disagree. The disagreement begins with a different perception of the facts.

I

At 10:30 a.m. on November 14, 1980, Joseph Bruzzese was asleep in his bedroom on the second floor of his home at 563 Westfield Avenue, Roselle Park. His aunt, Mrs.…