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Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.

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Weapons found during the domestic violence search of Defendant’s premises are admissible in his later criminal trial

“… only constitutional because they serve a legitimate state interest and therefore evidence gathered during the search cannot have criminal repercussions for the defendant.”The Appellate Division essentially affirmed the reasoning of the trial court and and reasoned the warrant did not issue upon probable cause, but upon the lesser standard of reasonable cause. The appeal to the New Jersey Supreme Court followed.

“.. the peoples’ right ‘to be secure in their persons, houses, papers, and effects’ and require that any warrant authorizing a search be ‘supported by oath or affirmation’ and describe with particularity the area that may be searched and what may be seized.”However, there are several exceptions to the general rule that a warrant based on probable cause must be issued prior to any search or seizure. These exceptions include, plain view, police providing emergency aid,and police performing their community caretaking function. The Court in this case relied upon the special needs exception which is applicable when the search is conducted for reasons unrelated to law enforcement’s investigation and prosecution of criminal activity and furthers an important state interest. The search of Mr. Harris’s home was not for the purpose of securing evidence of a crime to bring criminal charges against Mr. Harris, but was initiated based on a claim of domestic violence and to protect the alleged victim. Do you have questions regarding domestic violence temporary restraining orders or the limits of police power to perform a search? Contact the lawyers at DeMichele & DeMichele for a confidential initial consultation. (856) 546-1350. Do not wait to get a skilled advocate to represent you
The following two tabs change content below.

Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.
