Legal Opinion

State v. Robinson

Supreme Court of New Jersey

Decided July 22, 2009No. A-62 September Term 2008PublishedCited by 373 opinions

1Opinion of the CourtJustice Rivera-Soto

The warrant requirement embodied in both the Fourth Amendment to the United States Constitution, U.S. Const, amend. IV, and in paragraph 7 of Article I of the New Jersey Constitution, N.J. Const, art. T, ¶ 7, limits the power of the sovereign to enter our homes and seize our persons or our effects. A pre-existing common law requirement has been grafted onto that constitutional proscription: that, subject to limited exceptions, law enforcement must first knock and announce its purpose before it lawfully may enter a dwelling to execute a warrant.

In this appeal, we return once more to those…

2Cases cited23 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. State v. JohnsonSupreme Court of New Jersey · 1964
  4. Hudson v. MichiganSupreme Court of the United States · 2006
  5. Miller v. United StatesSupreme Court of the United States · 1958

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3Cited by373 opinions

  1. State v. William L. Witt(074468)Supreme Court of New Jersey · 2015
  2. Tahir Zaman v. Barbara Felton (072128)Supreme Court of New Jersey · 2014
  3. State v. James W. Robinson (070556)Supreme Court of New Jersey · 2014
  4. State v. RockfordSupreme Court of New Jersey · 2013
  5. State v. P.S.Supreme Court of New Jersey · 2010

368 more not listed; retrieve them via the Exa API.

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