Legal Opinion · Dissent

State v. Rockford

Supreme Court of New Jersey

Decided April 23, 2013Published

1DissentJustice LaVECCHIA

I firmly believe that hard and fast protocols for on-the-scene police activity are not appropriately set from the peaceful vantage that comes with subsequent judicial review. Law enforcement officers perform difficult tasks in oft-dangerous surroundings. Field officers should be supported for on-the-spot decisions made as events unfold that pose risk of harm to officers or to others. See State v. Davila, 203 N.J. 97, 102-03, 999 A.2d 1116 (2010) (recognizing protective sweep as among steps that police reasonably may take to protect themselves from harm in the performance of lawful duties).

That…

2Cases cited11 opinions

  1. Hudson v. MichiganSupreme Court of the United States · 2006
  2. State v. RobinsonSupreme Court of New Jersey · 2009
  3. United States v. Gabriel B. FolksCourt of Appeals for the Seventh Circuit · 2001
  4. United States v. Kip R. JonesCourt of Appeals for the Seventh Circuit · 2000
  5. State v. DavilaSupreme Court of New Jersey · 2010

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