Call Now For Help


NJ Court Rules on Limits of “Emergency Aid” Exception


by in Criminal Appeals

State v. Alice O’Donnell, ? N.J. ?, 2010 N.J. LEXIS 656 (July 20, 2010) – Judgment of Appellate Division affirming denial of suppression (408 N.J. Super. 177 (App. Div. 2009)) affirmed o.b.

“Stripped to its bare bones, the question presented is whether the police are allowed to remain at a murder site after a proper entry under the emergency aid exception to the warrant requirement, thereby authorizing the lawful seizure of evidence in plain view. Subject to the limitations expressed both by the Appellate Division and below, the answer to that question is ‘yes.’…

The reasonableness of continuous police presence at the location initially accessed under the emergency aid exception is defined by the facts presented…. In this case, where the police gained access and seized evidence without a warrant, the propriety of the access indisputably was established by the emergency aid exception to the warrant requirement; the continued police presence at the site of the dead body of a six-year-old child was authorized until the scene could be turned over to the medical examiner without a break in custody; and the seizure of evidence of a crime was authorized by the plain view doctrine.

In respect of the discrete issue presented in this appeal — whether it was proper for the police to remain on the premises and seize evidence after discovery of the dead body abated the initial emergency — the conclusion is, to us, clear: because the corpse remained at what was obviously the death scene and the police had the obligation to retain control of the premises until that control could be transferred to the medical examiner, the police had a continuing right to remain present at the scene.”






*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.