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Positive treatment
Hot · 47 in 5y
Issue: emergency aid doctrineNJ ↗
Issue: warrant requirementNJ ↗
Issue: home under the emergency-aid exceptionNJ ↗
Issue: motion to suppress hearingNJ ↗
81.8 score
G Cite
cited 7× by 7 distinct cases, 2018–2023 · 2 courts ·
…under our constitutional jurisprudence, when it is practicable to do so, the police are generally required to secure a warrant before conducting a search . . . .
at p. 468
⚠ not in text
cited 4× by 4 distinct cases, 2022–2025 ·
…concerning a criminal event would not especially entail further exploration or verification of his personal credibility or reliability before appropriate police action is taken.
⚠ not in text
Topic ↗
cited 4× by 4 distinct cases, 2020–2024 ·
…if, however, contraband is 'observed in plain view by a public safety official who is lawfully on the premises and is not exceeding the scope of the search,' that evidence will be admissible.
at p. 470
⚠ not in text
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015
2020
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited "but see"
State v. Demetrius Cope (074206).
(2×)
But see State v. Hathaway, 222 N.J. 453, 478-79 , 120 A.3d 155 (2015) (applying inadvertence prong to plain-view exception (citing Bruzzese, supra, 94 N.J. at 236 , 463 A.2d 320 )). 7 Hearsay is defined as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” N.J.R.E. 801(c).
discussed
Cited as authority (rule)
State of New Jersey v. Perry A. Wilcox
Super. 145, 155-56 (App. Div. 2016) (citing Illinois v. Gates, 462 U.S. 213, 238 (1983)). "[T]he 'touchstone' for evaluating whether police conduct has violated constitutional protections is 'reasonableness.'" Id. at 157 (quoting State v. Hathaway, 222 N.J. 453, 476 (2015)).
discussed
Cited as authority (rule)
State of New Jersey v. Brazhon J. Lewer
This is so because "we assume that an ordinary citizen 'is motivated by factors that are consistent with law enforcement goals,'" ibid. (quoting State v. Davis, 104 N.J. 490, 506 (1986)), and thus may be regarded as trustworthy, State v. Hathaway, 222 N.J. 453, 471 (2015).
discussed
Cited as authority (rule)
State of New Jersey v. Freddy C. Rivera
Super. 145, 155-56 (App. Div. 2016). "[T]he 'touchstone' for evaluating whether police conduct has violated constitutional protections is 'reasonableness.'" Id. at 157 (quoting State v. Hathaway, 222 N.J. 453, 476 (2015)).
cited
Cited as authority (rule)
State of New Jersey v. Ronald C. Smith
Super. 145, 157 (App. Div. 2016) (quoting State v. Hathaway, 222 N.J. 453, 476 (2015)).
discussed
Cited as authority (rule)
State of New Jersey v. Nicholas S. Marrucca and Liam S. Clark
Super. 145, 155-56 (App. Div. 2016) (citing Illinois v. Gates, 462 U.S. 213, 238 (1983)). "[T]he 'touchstone' for evaluating whether police conduct has violated constitutional protections is 'reasonableness.'" Id. at 157 (quoting State v. Hathaway, 222 N.J. 453, 476 (2015)).
discussed
Cited as authority (rule)
State of New Jersey v. Antonio Pabon
Super. 145, 155-56 (App. Div. 2016) (citing Illinois v. Gates, 462 U.S. 213, 238 (1983)). "[T]he 'touchstone' for evaluating whether police conduct has violated constitutional protections is 'reasonableness.' The reasonableness of police conduct is assessed with regard to circumstances facing the officers, who must make split second decisions in a fluid situation." Id. at 157 (quoting State v. Hathaway, 222 N.J. 453, 476 (2015)).
discussed
Cited as authority (rule)
State of New Jersey v. Maurice D. Ross
Super. 145, 157 (App. Div. 2016) (quoting State v. Hathaway, 222 N.J. 453, 476 (2015)); see also State v. Alessi, 240 N.J. 501 , 523-24 (2020) (recognizing "an investigatory stop is an exception justified only by reasonable suspicion of involvement in a crime"). "[I]n determining the lawfulness of an investigatory stop, a reviewing court must 'evaluate the totality of circumstances surrounding the police-citizen encounter, balancing the State's interest in effective law enforcement against the individual's right to be protected from unwarranted A-4138-24 17 and/or overbearing police intrusions…
cited
Cited as authority (rule)
State of New Jersey v. Cowan Rainey
Super. 34 , 45 (App. Div. 2022) (citing State v. Hathaway, 222 N.J. 453, 467 (2015)).
cited
Cited as authority (rule)
State of New Jersey v. M.A.B.
"We accord no deference, A-3302-22 23 however, to a trial court's interpretation of law, which we review de novo." Dunbar, 229 N.J. at 538 (citing State v. Hathaway, 222 N.J. 453, 467 (2015)).
cited
Cited as authority (rule)
State of New Jersey v. Rahjan A. Robinson
Ultimately, the "touchstone" to evaluate a potential constitutional violation of this protection is "reasonableness." State v. Hathaway, 222 N.J. 453, 476 (2015).
cited
Cited as authority (rule)
State of New Jersey v. Earl Ross
State v. Hathaway, 222 N.J. 453, 467 (2015).
discussed
Cited as authority (rule)
SALVADOR v. CITY OF UNION CITY
(2×)
As Plaintiffs fail to allege a constitutional violation, the Court dismisses Counts II, III, IV and VI. “‘The emergency aid doctrine is derived from the commonsense understanding that exigent circumstances may require public safety officials, such as the police, firefighters, or paramedics, to enter a dwelling without a warrant for the purpose of protecting or preserving life, or preventing serious injury.’” State v. Hathaway, 120 A.3d 155, 164 (N.J. 2015) (quoting State v. Frankel, 847 A.2d 561, 568 (N.J. 2004)); see Kentucky v. King, 563 U.S. 452, 460 (2011) (“Under the ‘emergenc…
cited
Cited as authority (rule)
State of New Jersey v. Jarly v. Castaneda
State v. Hathaway, 222 N.J. 453, 471 (2015).
cited
Cited as authority (rule)
State of New Jersey v. Jerome L. Gayden
State v. Hathaway, 222 N.J. 453, 471 (2015).
discussed
Cited as authority (rule)
State of New Jersey v. Brandon A. Beverly
(2×)
also: Cited "see"
Id. at 479.
cited
Cited as authority (rule)
State of New Jersey v. Christopher R. Halgas
State v. Bryant, 227 N.J. 60 , 71- 72 (2016); State v. Hathaway, 222 N.J. 453, 467 (2015).
cited
Cited as authority (rule)
State of New Jersey v. Raheem T. Wilson
State v. Hathaway, 222 N.J. 453, 467 (2015).
cited
Cited as authority (rule)
State of New Jersey v. Javarus Patterson
State v. Hathaway, 222 N.J. 453, 467 (2015).
cited
Cited as authority (rule)
State of New Jersey v. Lonnie L. Wilkerson
State v. Hathaway, 222 N.J. 453, 471 (2015).
discussed
Cited as authority (rule)
State of New Jersey v. Alfonso Bowen, Jr.
"If, however, contraband is 'observed in plain view by a public safety official who is lawfully on the premises and is not exceeding the scope of the search,' that evidence will be admissible." State v. Hathaway, 222 N.J. 453, 470 (2015) (quoting Frankel, 179 N.J. at 599-600 ).
discussed
Cited as authority (rule)
Dcpp v. D.B. and D.H., in the Matter of S.B.
(2×)
also: Cited "see"
The emergency aid doctrine "is derived from the commonsense understanding that exigent circumstances may require public safety officials, A-1628-21 19 such as the police, . . . to enter a dwelling without a warrant for the purpose of protecting or preserving life, or preventing serious injury." State v. Hathaway, 222 N.J. 453, 469 (2015) (emphasis omitted) (quoting State v. Frankel, 179 N.J. 586, 598 (2004)).
discussed
Cited as authority (rule)
KATSIGIANNIS v. POWELL
“Under our constitutional jurisprudence, when it is practicable to do so, the police are generally required to secure a warrant before conducting a search . . . .” State v. Hathaway, 222 N.J. 453, 468 (2015) (citations omitted).
cited
Cited as authority (rule)
STATE OF NEW JERSEY v. MARVIN PULLIAM (19-06-0675, HUDSON COUNTY AND STATEWIDE)
State v. Hathaway, 222 N.J. 453, 471 (2015).
cited
Cited as authority (rule)
STATE OF NEW JERSEY v. KIMBERLY A. WATSON (15-06-0426, GLOUCESTER COUNTY AND STATEWIDE)
State v. Hathaway, 222 N.J. 453, 467 (2015).
cited
Cited as authority (rule)
CLAUDIA A. DELGADO v. LISA J. YOURMAN-HELBIG (L-6263-18, BERGEN COUNTY AND STATEWIDE)
State v. Hathaway, 222 N.J. 453, 467 (2015).
cited
Cited as authority (rule)
STATE OF NEW JERSEY v. CHALO ROBERTS (15-10-2282, 16-04-1092, 16-07-2247 AND 17-08-2074, ESSEX COUNTY AND STATEWIDE)
State v. Hathaway, 222 N.J. 453, 467 (2015).
cited
Cited as authority (rule)
STATE OF NEW JERSEY v. QUAMEIR T. WATERS (13-07-0595, CUMBERLAND COUNTY AND STATEWIDE)
State v. Hathaway, 222 N.J. 453, 467 (2015).
cited
Cited as authority (rule)
STATE OF NEW JERSEY v. DEMITRI NEIVES (18-10-1430, MIDDLESEX COUNTY AND STATEWIDE)
State v. Hathaway, 222 N.J. 453, 467 (2015).
discussed
Cited as authority (rule)
State v. Christopher Radel (085129)(Passaic County & Statewide)
In contrast, “our review of legal matters is de novo,” and therefore “[w]e owe no deference to a trial or appellate court’s interpretation of the law.” State v. Hathaway, 222 N.J. 453, 467 (2015) (citing State v. Vargas, 213 N.J. 301, 327 (2013)).
discussed
Cited as authority (rule)
State v. Keith Terres (084778)(Salem County & Statewide)
In contrast, “our review of legal matters is de novo,” and therefore “[w]e owe no deference to a trial or appellate court’s interpretation of the law.” State v. Hathaway, 222 N.J. 453, 467 (2015) (citing State v. Vargas, 213 N.J. 301, 327 (2013)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY v. TYRAY R. BROWN (19-03-0498, CAMDEN COUNTY AND STATEWIDE)
State v. Hathaway, 222 N.J. 453, 470 (2015).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. TRAVIS J. MIDDLEBROOKS (16-11-0921, 17-08-0804, and 19-01-0006, PASSAIC COUNTY AND STATEWIDE)
"Under our constitutional jurisprudence, when it is practicable to do so, the police are generally required to secure a warrant before conducting a search . . . ." State v. Hathaway, 222 N.J. 453, 468 (2015) (citations omitted).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. TIMOTHY M. LEWIS (14-08-0975 and 14-08-0976, MIDDLESEX COUNTY AND STATEWIDE)
Like the trial court, we see nothing "nefarious . . . in enlisting the help of the cab driver." See State v. Hathaway, 222 N.J. 453, 471 (2015) (finding an ordinary citizen providing information to a police officer is presumed not to have suspect motives).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. MICHAEL C. GRAY (18-08-1968, CAMDEN COUNTY AND STATEWIDE)
"We accord no deference, however, to a trial court's interpretation of law, which we review de novo." Ibid. (quoting State v. Hathaway, 222 N.J. 453, 467 (2015)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. BRUCE A. POOLE (18-08-0457, MERCER COUNTY AND STATEWIDE)
We defer to the trial court's factual findings unless they are "clearly mistaken." State v. Hathaway, 222 N.J. 453, 467 (2015).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. WILLIAM B. WOODS (18-05-0604, BURLINGTON COUNTY AND STATEWIDE)
The emergency aid doctrine "is derived from the commonsense understanding that exigent circumstances may require public safety officials, such as the police, . . . to enter a dwelling without a warrant for A-1141-19 8 the purpose of protecting or preserving life, or preventing serious injury." State v. Hathaway, 222 N.J. 453, 469 (2015) (emphasis omitted) (quoting Frankel, 179 N.J. at 598 ).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. STEVEN L. BOOKMAN (18-01-0010, CAMDEN COUNTY AND STATEWIDE)
State v. Bryant, 227 N.J. 60 , 71–72 (2016); State v. Hathaway, 222 N.J. 453, 467 (2015).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. DEVON MAXWELL (15-04-0727 AND 17-02-0458, ESSEX COUNTY AND STATEWIDE)
"Under our constitutional jurisprudence, when it is practicable to do so, the police are A-4242-17 12 generally required to secure a warrant before conducting a search of certain places . . . ." State v. Hathaway, 222 N.J. 453, 468 (2015).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. AHMAD J. MUHAMMAD (17-07-0820, 18-05-0743, AND 18-05-0744, MIDDLESEX COUNTY AND STATEWIDE) (CONSOLIDATED)
"We accord no deference, however, to a trial court's interpretation of law, which we review de novo." Ibid. (citing State v. Hathaway, 222 N.J. 453, 467 (2015)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. DERRICK D. GILLIAM (13-08-0837, GLOUCESTER COUNTY AND STATEWIDE)
However, we review the trial judge's "interpretation of the law . . . de novo." Ibid. (quoting State v. Hathaway, 222 N.J. 453, 467 (2015)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. SHAQUILLE JOHN STATE OF NEW JERSEY VS. MICHAEL ATKINSON STATE OF NEW JERSEY VS. JAHID T. WATSON (15-03-0210, UNION COUNTY AND STATEWIDE) (CONSOLIDATED)
A-4139-17T3 12 586 (2004), and later modified in Edmonds, "is derived from the commonsense understanding that exigent circumstances may require public safety officials, such as the police, . . . to enter a dwelling without a warrant for the purpose of protecting or preserving life, or preventing serious injury." State v. Hathaway, 222 N.J. 453, 469 (2015) (emphasis omitted) (quoting Frankel, 179 N.J. at 598).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. KEVIN KELLY (18-06-0552, CUMBERLAND COUNTY AND STATEWIDE)
Regarding Point I, we "must uphold a trial court's factual findings at a [motion to suppress] hearing when they are supported by sufficient credible evidence in the record." State v. Hathaway, 222 N.J. 453, 467 (2015) (citing State v. Elders, 192 N.J. 224, 244 (2007)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. DESHAWN R. SANDERS (14-06-1024, MONMOUTH COUNTY AND STATEWIDE)
A-2054-17T3 7 "Under our constitutional jurisprudence, when it is practicable to do so, the police are generally required to secure a warrant before conducting a search . . . ." State v. Hathaway, 222 N.J. 453, 468 (2015).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. KEITH TERRES (17-12-0510 AND 17-12-0511, SALEM COUNTY AND STATEWIDE)
Ibid. (quoting State v. Hathaway, 222 N.J. 453, 467 (2015)).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. JOHN KATSIGIANNIS (08-06-1066, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
"Under our constitutional jurisprudence, when it is practicable to do so, the police are generally required to secure a warrant before conducting a search . . . ." State v. Hathaway, 222 N.J. 453, 468 (2015) (citations omitted).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. BENITO GERMAN-ROSARIO AND SANTA DELACRUZ-GARCIA (17-10-1463, BERGEN COUNTY AND STATEWIDE)
"Under our constitutional jurisprudence, when it is practicable to do so, the police are generally required to secure a warrant before conducting a search . . . ." State v. Hathaway, 222 N.J. 453, 468 (2015) (citations omitted).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. TREY I. LENTZ (18-07-0971, MONMOUTH COUNTY AND STATEWIDE)
Simply stated, "[t]he test is not whether there were other reasonable or even better ways to execute the search, for hindsight and considered reflection often permit more inspired after-the-fact decision-making." Ibid. (citing State v. Hathaway, 222 N.J. 453, 469 (2015)).
cited
Cited as authority (rule)
STATE OF NEW JERSEY VS. AZIKWA RUSTIN STATE OF NEW JERSEY VS. ALQUAN HARRIS STATE OF NEW JERSEY VS. JOSEPH N. WRIGHT (18-01-0031, 18-01-0032, AND 18-01-0033, SOMERSET COUNTY AND STATEWIDE) (CONSOLIDATED)
State v. Hathaway, 222 N.J. 453, 468 (2015).
discussed
Cited as authority (rule)
STATE OF NEW JERSEY VS. SHELDON M. GOLDSBOROUGH (17-11-1056, CUMBERLAND COUNTY AND STATEWIDE)
The emergency-aid doctrine "is derived from the commonsense understanding that exigent circumstances may require public safety officials, such as the police, . . . to enter a dwelling without a warrant for the purpose of protecting or preserving life, or preventing serious injury." State v. Hathaway, 222 N.J. 453, 469 (2015) (emphasis omitted) (quoting Frankel, 179 N.J. at 598 ).
Retrieving the full opinion text from the archive…
GOLD MEDAL BAKERY, INC.
v.
SUPER BREAD II CORP., SUPER CAKES CORP., AND ARMENIO N. MARTINS, DEFENDANTS-RESPONDENTS SUPER BREAD II CORP., THIRD-PARTY v. KARINA FOGLIA, THIRD-PARTY
v.
SUPER BREAD II CORP., SUPER CAKES CORP., AND ARMENIO N. MARTINS, DEFENDANTS-RESPONDENTS SUPER BREAD II CORP., THIRD-PARTY v. KARINA FOGLIA, THIRD-PARTY
Supreme Court of New Jersey.
Jul 28, 2015.
Published
ORDER
The parties having stipulated to a dismissal of this matter, it is ORDERED that the within appeal is dismissed with prejudice.