State v. Harris

Protecting victims of domestic violence is a critically important societal concern. The Legislature has addressed that concern by passage of the Prevention of Domestic Violence Act of 1991, N.J.S.A 2C:25-17 to -35. However, the Domestic Violence Act, like all laws, must conform to the Constitution. The policy goals of the Domestic Violence Act can and must be achieved within the framework of the Constitution.

The Fourth Amendment protects against unreasonable searches and seizures and specifically provides that “no Warrants shall *593issue, but upon probable cause.” U.S. Const. amend. IV. Under…