Call Now For Help

732.580.1237

NJ Roof Search deemed Outside Scope of Consent

14
Feb
2011

by in Criminal Appeals

State v. Miguel Cruz, unpublished opinion, App. Div. Docket No. A-4546-09T4 (December 8, 2010) – Suppression of evidence affirmed.

“The State appeals from the trial court order granting defendant’s motion to suppress a handgun retrieved from the roof of a home where parole officers were attempting to apprehend another individual who had absconded from parole…. On appeal, the State raises one point, namely, that the trial court erred in limiting the scope of consent to the subjective intent of the executing officer, rather than the objectively reasonable understanding of its terms…. Here, the consent to search extended to the officers was based upon the resident’s understanding that the officers were searching for a human being. Assuming it was objectively reasonable to believe that the parolee may have attempted to exit the home via the roof, the sequence of events that unfolded once officers arrived at the residence did not render Officer Brooks’ action ‘objectively reasonable.’ When the officers arrived at the residence, Officer Brooks, before the officers knocked on the front door, immediately went to the rear of the residence, jumped the fence of the property and positioned himself to observe all activity from the rear of the property. He therefore knew at that time there was no one on the roof or attempting to gain access to the roof. Moreover, by the time he retrieved the ladder to gain access to the roof, the search for the parolee had been completed. Hence, the search onto the roof was not to look for the parolee but for the sole purpose of retrieving the black bag which he suspected contained narcotics. Under these circumstances, the search was not objectively reasonable.”

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*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 www.anthonyvecchiolaw.com 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 Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.