Legal Opinion · Dissent

Denise Brown v. State of New Jersey (076656) (Cumberland County and Statewide)

Supreme Court of New Jersey

Decided July 24, 2017No. A-71-15Published

1DissentJustice Albin

The constitutional protection against the unreasonable search and seizure of a home is enshrined in the 1791 Federal Bill of Rights and our 1844 State Constitution.1 The Founders put in *113place cheeks against the abuse of governmental authority to ensure the sanctity of the home. Since the beginning of the Republic, our constitutional jurisprudence has forbidden law enforcement officials from seizing or entering a home without a warrant, subject to very limited exceptions. In the modern era, the warrantless seizure or entry of a home is impermissible absent consent or exigent circumstances.…

2Cases cited23 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Johnson v. United StatesSupreme Court of the United States · 1948
  4. Illinois v. McArthurSupreme Court of the United States · 2001
  5. Rodic v. Thistledown Racing Club, Inc.Court of Appeals for the Sixth Circuit · 1980

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