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New Jersey Criminal Lawyer -Appellate Opinions
State v. Johnson, 193
N.J. 528 (2008)
When the
circumstances are sufficiently exigent that appearing before a judge
to obtain a written warrant is either impossible or impracticable,
but not so exigent that there is insufficient time to stabilize the
situation and call for a warrant, police officers must obtain a
telephonic warrant rather than conduct a warrantless search or
seizure..
The
State has argued that the exigent circumstances needed for a
telephonic warrant are no different from the exigent circumstances
justifying a bypass of the warrant requirement. We disagree, because
if the State were correct the police would never have reason to
apply for a telephonic warrant. Simply stated, for purposes of a
telephonic warrant, exigent circumstances are present when law
enforcement officers do not have sufficient time to obtain a written
warrant. For purposes of a warrantless search, exigent circumstances
are present when law enforcement officers do not have sufficient
time to obtain any form of warrant.
Contact
experienced, aggressive
New Jersey criminal lawyer, Jeffrey Hark
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1.866.427.5529
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