State v. Lewis
New Jersey Superior Court Appellate Division
1Opinion of the Court
The opinion of the court was delivered by
KING, P.J.A.D.
The issue in this case is whether the exigent circumstance that evidence of drug dealing might be removed from an apartment justified an entry without a search warrant. This has become a troublesome area of search and seizure law in which courts and judges have disagreed.
As LaFave states, “the question is whether the experience to date merits the conclusion that in due course the exception [to the Warrant Clause] will be defined (in a way which is understandable by police and which will not result in it being an exception which in effect…
2Cases cited25 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Michigan v. LongSupreme Court of the United States · 1983
- Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
- Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
- Welsh v. WisconsinSupreme Court of the United States · 1984
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3Cited by4 opinions
- State v. WalkerSupreme Court of New Jersey · 2013
- State v. LewisSupreme Court of New Jersey · 1989
- State v. CarterNew Jersey Superior Court Appellate Division · 1989
- State v. GatesNew Jersey Superior Court Appellate Division · 1997