Fourth Amendment warrant requirement (New Jersey) · Go Syfert
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Fourth Amendment warrant requirement in New Jersey

13 New Jersey opinions name it 2 courts 1978–2024 4 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Colorado v. Bertinegreen
scotus · 1987 · cited in 2 New Jersey opinions naming this issue, 2018–2024
2 sentences

2024See Colorado v. Bertine, 479 U.S. 367, 371 (1987); Illinois v. Lafayette, 462 U.S. 640, 643-48 (1983); State v. Mangold, 82 N.J. 575 (1980).

2018See Colorado v. Bertine , 479 U.S. 367 , 371, 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987) ; **208 Illinois v. Lafayette , 462 U.S. 640 , 643-48, 103 S.Ct. 2605 , 77 L.Ed.2d 65 (1983) ; State v. Mangold , 82 N.J. 575 , 414 A.2d 1312 (1980).

22
Illinois v. Lafayettegreen
scotus · 1983 · cited in 2 New Jersey opinions naming this issue, 2018–2024
2 sentences

2024See Colorado v. Bertine, 479 U.S. 367, 371 (1987); Illinois v. Lafayette, 462 U.S. 640, 643-48 (1983); State v. Mangold, 82 N.J. 575 (1980).

2018See Colorado v. Bertine , 479 U.S. 367 , 371, 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987) ; **208 Illinois v. Lafayette , 462 U.S. 640 , 643-48, 103 S.Ct. 2605 , 77 L.Ed.2d 65 (1983) ; State v. Mangold , 82 N.J. 575 , 414 A.2d 1312 (1980).

12
State v. Edmondsgreen
nj · 2012 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024The "doctrine recognizes that police officers provide a wide range of social services outside of their traditional law A-2904-22 6 enforcement and criminal investigatory roles." State v. Edmonds, 211 N.J. 117, 141 (2012) (quoting State v. Bogan, 200 N.J. 61, 73 (2009)).

11
State v. Hummelgreen
nj · 2018 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024State v. Hummel, 232 N.J. 196, 207 (2018).

11
State v. Diloretogreen
nj · 2004 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024The community caretaking doctrine is a recognized exception to the Fourth Amendment warrant requirement and "applies when the police are engaged in functions, [which are] totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a . . . statute." State v. Diloreto, 180 N.J. 264, 275 (2004) (alteration in original) (quoting State v. Cassidy, 179 N.J. 150 , 161 n.4 (2004)).

11
State v. Bogangreen
nj · 2009 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024The "doctrine recognizes that police officers provide a wide range of social services outside of their traditional law A-2904-22 6 enforcement and criminal investigatory roles." State v. Edmonds, 211 N.J. 117, 141 (2012) (quoting State v. Bogan, 200 N.J. 61, 73 (2009)).

11
State v. Badessagreen
nj · 2005 · cited in 1 New Jersey opinions naming this issue, 2018–2018
2 sentences

2018See State v. Badessa , 185 N.J. 303 , 311, 885 A.2d 430 (2005) (explaining that "the State is barred from introduction into evidence the 'fruits of an unlawful search or seizure by the police' ").

2018See State v. Badessa , 185 N.J. 303 , 311, 885 A.2d 430 (2005) (explaining that "the State is barred from introduction into evidence the 'fruits of an unlawful search or seizure by the police' ").

11
Policemen's Benevolent Association Of New Jersey, Local 318 v. Township Of Washingtongreen
ca3 · 1988 · cited in 1 New Jersey opinions naming this issue, 2006–2006
1 sentence

2006See Policemen’s Benevolent Ass’n, supra, 850 F.2d at 136-41 (holding that a municipality’s plan for mandatory random drug testing and annual medical examination programs, including urinalysis, for police officers falls within the administrative search exception to the Fourth Amendment warrant requirement because pervasive regulation of police reduced their expectation of privacy); see also Fowler v. New York City Dep’t of Sanitation, 704 F.Supp. 1264, 1270 (S.D.N.Y.1989) (explaining that urine specimens as part of a physical examination to determine fitness for employment does not constitute a

11
Amalgamated Transit Union, Division 1279 v. Cambria County Transit Authoritygreen
pawd · 1988 · cited in 1 New Jersey opinions naming this issue, 2006–2006
2 sentences

2006See Policemen’s Benevolent Ass’n, supra, 850 F.2d at 136-41 (holding that a municipality’s plan for mandatory random drug testing and annual medical examination programs, including urinalysis, for police officers falls within the administrative search exception to the Fourth Amendment warrant requirement because pervasive regulation of police reduced their expectation of privacy); see also Fowler v. New York City Dep’t of Sanitation, 704 F.Supp. 1264, 1270 (S.D.N.Y.1989) (explaining that urine specimens as part of a physical examination to determine fitness for employment does not constitute a

2006See Policemen’s Benevolent Ass’n, supra, 850 F.2d at 136-41 (holding that a municipality’s plan for mandatory random drug testing and annual medical examination programs, including urinalysis, for police officers falls within the administrative search exception to the Fourth Amendment warrant requirement because pervasive regulation of police reduced their expectation of privacy); see also Fowler v. New York City Dep’t of Sanitation, 704 F.Supp. 1264, 1270 (S.D.N.Y.1989) (explaining that urine specimens as part of a physical examination to determine fitness for employment does not constitute a

11
Fowler v. New York City Department of Sanitationgreen
nysd · 1989 · cited in 1 New Jersey opinions naming this issue, 2006–2006
1 sentence

2006See Policemen’s Benevolent Ass’n, supra, 850 F.2d at 136-41 (holding that a municipality’s plan for mandatory random drug testing and annual medical examination programs, including urinalysis, for police officers falls within the administrative search exception to the Fourth Amendment warrant requirement because pervasive regulation of police reduced their expectation of privacy); see also Fowler v. New York City Dep’t of Sanitation, 704 F.Supp. 1264, 1270 (S.D.N.Y.1989) (explaining that urine specimens as part of a physical examination to determine fitness for employment does not constitute a

11
Dickerson v. United Statesred
scotus · 2000 · cited in 1 New Jersey opinions naming this issue, 2002–2002
2 sentences

2002Although the exclusionary rule applies to both Fourth Amendment, State v. Novembrino, 105 N.J. 95, 132-44 , 519 A. 2d 820 (1987), and Fifth Amendment violations because its purpose is "to deter police misconduct and to preserve the integrity of the courts," State v. Johnson, 118 N.J. 639, 651 , 573 A. 2d 909 (1990), "unreasonable searches under the Fourth Amendment are different from unwarned interrogation under the Fifth Amendment." Dickerson v. United States, 530 U.S. 428, 441 , 120 S.Ct. 2326, 2335 , 147 L.Ed. 2d 405, 418 (2000).

2002Although the exclusionary rule applies to both Fourth Amendment, State v. Novembrino, 105 N.J. 95, 132-44 , 519 A. 2d 820 (1987), and Fifth Amendment violations because its purpose is "to deter police misconduct and to preserve the integrity of the courts," State v. Johnson, 118 N.J. 639, 651 , 573 A. 2d 909 (1990), "unreasonable searches under the Fourth Amendment are different from unwarned interrogation under the Fifth Amendment." Dickerson v. United States, 530 U.S. 428, 441 , 120 S.Ct. 2326, 2335 , 147 L.Ed. 2d 405, 418 (2000).

11
State v. Guerragreen
nj · 1983 · cited in 1 New Jersey opinions naming this issue, 1983–1983
2 sentences

1983Writing for the Court, Justice Handler observed, It has been recognized in various contexts that if the validity of a search can be sustained independently on objective grounds demonstrating reasonableness, the existence of other defects that do not derogate from the overall objective reasonableness of the search or impugn the integrity of the judicial process should not be relied upon to invalidate the search. [State v. Guerra, 93 N.J. at 152 (emphasis added) ] Those sound principles equally guide our rejection of the “bad faith doctrine” here.

1983Writing for the Court, Justice Handler observed, It has been recognized in various contexts that if the validity of a search can be sustained independently on objective grounds demonstrating reasonableness, the existence of other defects that do not derogate from the overall objective reasonableness of the search or impugn the integrity of the judicial process should not be relied upon to invalidate the search. [ State v. Guerra, 93 N.J. at 152 (emphasis added)] Those sound principles equally guide our rejection of the "bad faith doctrine" here.

11
United States v. Ronald Schleisgreen
ca8 · 1978 · cited in 1 New Jersey opinions naming this issue, 1980–1980
2 sentences

1980In so holding, the Court stressed that “in this area we do not write on a clean slate.” [United States v. Schleis, 582 F.2d 1166, 1174 (8th Cir. 1978) (en banc) (quoting Chadwick, 433 U.S. at 9 , 97 S.Ct. at 2482 )] Hence, the rule of Chadwick presents no question of retroactivity.

1980In so holding, the Court stressed that "in this area we do not write on a clean slate." [ United States v. Schleis, 582 F. 2d 1166, 1174 (8th Cir.1978) ( en banc ) (quoting Chadwick, 433 U.S. at 9 , 97 S.Ct. at 2482 )] Hence, the rule of Chadwick presents no question of retroactivity.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
State v. Mangold green
nj · 1980
2 sentences

2024See Colorado v. Bertine, 479 U.S. 367, 371 (1987); Illinois v. Lafayette, 462 U.S. 640, 643-48 (1983); State v. Mangold, 82 N.J. 575 (1980).

2018See Colorado v. Bertine , 479 U.S. 367 , 371, 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987) ; **208 Illinois v. Lafayette , 462 U.S. 640 , 643-48, 103 S.Ct. 2605 , 77 L.Ed.2d 65 (1983) ; State v. Mangold , 82 N.J. 575 , 414 A.2d 1312 (1980).

22018–2024
State v. Cassidy green
nj · 2004
2 sentences

2024The community caretaking doctrine is a recognized exception to the Fourth Amendment warrant requirement and "applies when the police are engaged in functions, [which are] totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a . . . statute." State v. Diloreto, 180 N.J. 264, 275 (2004) (alteration in original) (quoting State v. Cassidy, 179 N.J. 150 , 161 n.4 (2004)).

2021State v. Cassidy, 179 N.J. 150 , 161 n.4 (2004).

22021–2024
Burdeau v. McDowell green
scotus · 1921
2 sentences

2013A. Long ago in Burdeau v. McDowell, 256 U.S. 465 , 41 S.Ct. 574 , 65 L.Ed. 1048 (1921), the United States Supreme Court held that the Fourth Amendment warrant requirement applies only to governmental searches and not to searches by private actors.

2013A. Long ago in Burdeau v. McDowell, 256 U.S. 465 , 41 S.Ct. 574 , 65 L.Ed. 1048 (1921), the United States Supreme Court held that the Fourth Amendment warrant requirement applies only to governmental searches and not to searches by private actors.

12013–2013
State v. Novembrino green
nj · 1987
2 sentences

2002Although the exclusionary rule applies to both Fourth Amendment, State v. Novembrino, 105 N.J. 95, 132-44 , 519 A. 2d 820 (1987), and Fifth Amendment violations because its purpose is "to deter police misconduct and to preserve the integrity of the courts," State v. Johnson, 118 N.J. 639, 651 , 573 A. 2d 909 (1990), "unreasonable searches under the Fourth Amendment are different from unwarned interrogation under the Fifth Amendment." Dickerson v. United States, 530 U.S. 428, 441 , 120 S.Ct. 2326, 2335 , 147 L.Ed. 2d 405, 418 (2000).

2002Although the exclusionary rule applies to both Fourth Amendment, State v. Novembrino, 105 N.J. 95, 132-44 , 519 A. 2d 820 (1987), and Fifth Amendment violations because its purpose is "to deter police misconduct and to preserve the integrity of the courts," State v. Johnson, 118 N.J. 639, 651 , 573 A. 2d 909 (1990), "unreasonable searches under the Fourth Amendment are different from unwarned interrogation under the Fifth Amendment." Dickerson v. United States, 530 U.S. 428, 441 , 120 S.Ct. 2326, 2335 , 147 L.Ed. 2d 405, 418 (2000).

12002–2002
State v. Johnson green
nj · 1990
2 sentences

2002Although the exclusionary rule applies to both Fourth Amendment, State v. Novembrino, 105 N.J. 95, 132-44 , 519 A. 2d 820 (1987), and Fifth Amendment violations because its purpose is "to deter police misconduct and to preserve the integrity of the courts," State v. Johnson, 118 N.J. 639, 651 , 573 A. 2d 909 (1990), "unreasonable searches under the Fourth Amendment are different from unwarned interrogation under the Fifth Amendment." Dickerson v. United States, 530 U.S. 428, 441 , 120 S.Ct. 2326, 2335 , 147 L.Ed. 2d 405, 418 (2000).

2002Although the exclusionary rule applies to both Fourth Amendment, State v. Novembrino, 105 N.J. 95, 132-44 , 519 A. 2d 820 (1987), and Fifth Amendment violations because its purpose is "to deter police misconduct and to preserve the integrity of the courts," State v. Johnson, 118 N.J. 639, 651 , 573 A. 2d 909 (1990), "unreasonable searches under the Fourth Amendment are different from unwarned interrogation under the Fifth Amendment." Dickerson v. United States, 530 U.S. 428, 441 , 120 S.Ct. 2326, 2335 , 147 L.Ed. 2d 405, 418 (2000).

12002–2002
State v. Hutchins green
njsuperctappdiv · 1988
1 sentence

1989State v. Hutchins, 226 N.J.Super. 454 (1988).

11989–1989
Warden, Maryland Penitentiary v. Hayden green
scotus · 1967
2 sentences

1989The court concluded that the United States Supreme Court opinions in Warden v. Hayden, 387 U.S. 294 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967), and United States v. Santana, 427 U.S. 38 , 96 S. Ct. 2406 , 49 L.Ed.2d 300 (1976), cases that recognized “hot pursuit” as a limited exception to the fourth amendment warrant requirement, were distinguishable from Bolte. 225 N.J.Super. at 335 .

1989The court concluded that the United States Supreme Court opinions in Warden v. Hayden, 387 U.S. 294 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967), and United States v. Santana, 427 U.S. 38 , 96 S. Ct. 2406 , 49 L.Ed.2d 300 (1976), cases that recognized “hot pursuit” as a limited exception to the fourth amendment warrant requirement, were distinguishable from Bolte. 225 N.J.Super. at 335 .

11989–1989
State v. Bolte green
njsuperctappdiv · 1988
2 sentences

1989Id. at 339-40 .

1989The court concluded that the United States Supreme Court opinions in Warden v. Hayden, 387 U.S. 294 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967), and United States v. Santana, 427 U.S. 38 , 96 S. Ct. 2406 , 49 L.Ed.2d 300 (1976), cases that recognized “hot pursuit” as a limited exception to the fourth amendment warrant requirement, were distinguishable from Bolte. 225 N.J.Super. at 335 .

11989–1989
United States v. Santana green
scotus · 1976
2 sentences

1989The court concluded that the United States Supreme Court opinions in Warden v. Hayden, 387 U.S. 294 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967), and United States v. Santana, 427 U.S. 38 , 96 S. Ct. 2406 , 49 L.Ed.2d 300 (1976), cases that recognized “hot pursuit” as a limited exception to the fourth amendment warrant requirement, were distinguishable from Bolte. 225 N.J.Super. at 335 .

1989The court concluded that the United States Supreme Court opinions in Warden v. Hayden, 387 U.S. 294 , 87 S.Ct. 1642 , 18 L.Ed.2d 782 (1967), and United States v. Santana, 427 U.S. 38 , 96 S. Ct. 2406 , 49 L.Ed.2d 300 (1976), cases that recognized “hot pursuit” as a limited exception to the fourth amendment warrant requirement, were distinguishable from Bolte. 225 N.J.Super. at 335 .

11989–1989
Payton v. New York green
scotus · 1980
2 sentences

1989Despite the widespread acceptance of the “exigent circumstances” exception in both federal and state courts, 3 this exception to the fourth amendment warrant requirement has not frequently been considered by either the United States Supreme Court or this Court. 4 In Payton v. New York, 445 U.S. 573 , 100 S.Ct. 1371 , 63 L.Ed.2d 639 (1980), the Court invalidated state statutes that authorized police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest.

1989Despite the widespread acceptance of the “exigent circumstances” exception in both federal and state courts, 3 this exception to the fourth amendment warrant requirement has not frequently been considered by either the United States Supreme Court or this Court. 4 In Payton v. New York, 445 U.S. 573 , 100 S.Ct. 1371 , 63 L.Ed.2d 639 (1980), the Court invalidated state statutes that authorized police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest.

11989–1989
United States v. Chadwick red
scotus · 1977
2 sentences

1980In so holding, the Court stressed that “in this area we do not write on a clean slate.” [United States v. Schleis, 582 F.2d 1166, 1174 (8th Cir. 1978) (en banc) (quoting Chadwick, 433 U.S. at 9 , 97 S.Ct. at 2482 )] Hence, the rule of Chadwick presents no question of retroactivity.

1980In so holding, the Court stressed that “in this area we do not write on a clean slate.” [United States v. Schleis, 582 F.2d 1166, 1174 (8th Cir. 1978) (en banc) (quoting Chadwick, 433 U.S. at 9 , 97 S.Ct. at 2482 )] Hence, the rule of Chadwick presents no question of retroactivity.

11980–1980
Brinegar v. United States green
scotus · 1949
2 sentences

1978The Supreme Court in Brinegar v. United States, 338 U.S. 160 , 69 S.Ct. 1302 , 93 L.Ed. 1879 (1949), offered this definition of probable cause: * * * Probable cause exists where "the facts and circumstances within their [the officers'] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that" an offense has been or is being committed.

1978The Supreme Court in Brinegar v. United States, 338 U.S. 160 , 69 S.Ct. 1302 , 93 L.Ed. 1879 (1949), offered this definition of probable cause: * * * Probable cause exists where "the facts and circumstances within their [the officers'] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that" an offense has been or is being committed.

11978–1978
Almeida-Sanchez v. United States green
scotus · 1973
2 sentences

1978The heart of this "narrow exception" to the Fourth Amendment warrant requirement, Almeida-Sanchez v. United States, 413 U.S. 266, 269 , 93 S.Ct. 2535 , 37 L.Ed. 2d 596 (1973), is the concept of probable cause.

1978The heart of this "narrow exception" to the Fourth Amendment warrant requirement, Almeida-Sanchez v. United States, 413 U.S. 266, 269 , 93 S.Ct. 2535 , 37 L.Ed. 2d 596 (1973), is the concept of probable cause.

11978–1978

Where else courts name it

OH 276 (1976–2025) TX 99 (1982–2026) ID 33 (1982–2026) TN 27 (1981–2026) MO 24 (1970–2025) CA 24 (1974–2024) WA 22 (1975–2022) PA 19 (1973–2025) VA 19 (1982–2026) IN 18 (1981–2025) MD 16 (1984–2022) IL 16 (1979–2025) WI 15 (1993–2024) NJ 13 (1978–2024) FL 12 (1979–2025) MI 11 (1974–2024) NY 10 (1980–2021) MS 10 (1981–2015) IA 10 (1978–2021) MN 9 (1986–2025) AZ 8 (1978–2026) DC 8 (1981–2025) AL 7 (1979–1994) OR 7 (1982–2016) UT 7 (1985–2024) CO 6 (1983–2024) SC 6 (1980–2020) OK 5 (1990–2016) ND 4 (2008–2017) NC 4 (2015–2018) WY 4 (1983–2001) SD 4 (1978–2014) MA 4 (1982–1999) CT 4 (1980–2017) KS 3 (2020–2024) HI 3 (1981–2015) RI 3 (1978–2014) NV 3 (1981–2022) MT 3 (1982–2021) NM 2 (1994–2004) ME 2 (2009–2010) LA 2 (1986–1987) WV 2 (1989–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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