State v. Burdin

CHAIET, J.S.C.

This is a motion to suppress evidence found in plain view in defendant Bentin Burdin’s home by police executing a court order to search for and seize a firearm pursuant to N.J.S.A 2C:25-28j of the “Prevention of Domestic Violence Act of 1991”, N.J.S.A. 20:25-17 to — 33 (hereinafter “the Act”). The fundamental issue is whether a search pursuant to the Act can withstand constitutional scrutiny absent a traditional probable cause finding. The secondary issue is whether the municipal court judge in issuing the order complied with N.J.S.A. 2C:25-28j.

*471On March 28, 1997, Denise Schick…