exigent circumstance exception (New Jersey) · Go Syfert
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exigent circumstance exception in New Jersey

7 New Jersey opinions name it 2 courts 1989–2022 1 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 (8)

CaseFollowedCited
State v. Hutchinsgreen
nj · 1989 · cited in 3 New Jersey opinions naming this issue, 1989–2022
2 sentences

2022See State v. Hutchins, 116 N.J. 457, 468, 475-76 (1989) (collecting 24 cases and acknowledging “the potential for abuse inherent in the exigent- circumstance exception to the warrant requirement”).

2017Our Supreme Court has stated: We acknowledge . . . the potential for abuse inherent in the exigent-circumstance exception to the warrant requirement and . . . the concern that "the police not be placed in a situation where they can create the exception, because well-meaning police officers may exploit such opportunities without sufficient regard for the privacy interests of the individuals involved." [State v. Hutchins, 116 N.J. 457, 76 (1989) (quotation omitted).] Whether the exigent circumstance "arose 'as a result of reasonable police investigative conduct intended to generate evidence of c

23
State v. Alvarezgreen
njsuperctappdiv · 1990 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017Super. 181, 196 (App. Div. 2001) (quoting State v. Alvarez, 238 N.J.

11
State v. De La Pazgreen
njsuperctappdiv · 2001 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017Our Supreme Court has stated: We acknowledge . . . the potential for abuse inherent in the exigent-circumstance exception to the warrant requirement and . . . the concern that "the police not be placed in a situation where they can create the exception, because well-meaning police officers may exploit such opportunities without sufficient regard for the privacy interests of the individuals involved." [State v. Hutchins, 116 N.J. 457, 76 (1989) (quotation omitted).] Whether the exigent circumstance "arose 'as a result of reasonable police investigative conduct intended to generate evidence of c

11
State v. Huntgreen
nj · 1982 · cited in 1 New Jersey opinions naming this issue, 2015–2015
1 sentence

2015See State v. Hunt, 91 N.J. 338, 344 (1982) (noting the "Court has seen fit to hold that the search and seizure provisions in the federal and New Jersey Constitutions are not always coterminous, despite the congruity of the language") (citations omitted).

11
State v. Lewisgreen
nj · 1989 · cited in 1 New Jersey opinions naming this issue, 2015–2015
1 sentence

2015The lead investigator testified that although the bags were of the same type, none of the witnesses was able to say the bag found in Brown's closet was the one carried by the robbers. 11 A-4796-12T3 Our view of this testimony is that it represents a profound misunderstanding of the "narrow scope of the exigent- circumstance exception" to the warrant requirement and establishes beyond any doubt that the detectives' entry into Brown's home violated her rights under Article I, paragraph 7 of the New Jersey Constitution of 1947.4 See State v. Lewis, 116 N.J. 477, 484 (1989).5 4 Plaintiff's origina

11
United States v. Romero-Garciagreen
ord · 1997 · cited in 1 New Jersey opinions naming this issue, 1999–1999
1 sentence

1999Moreover, the pager revealed to Roseman that a call had been received. "[T]he focus of the exigent circumstance inquiry is upon the objective reasonableness of the officer's belief that immediate action was necessary...." U.S. v. Romero-Garcia, 991 F.Supp. 1223, 1225 (D.Or.1997).

11
City of Seattle v. Altschulergreen
washctapp · 1989 · cited in 1 New Jersey opinions naming this issue, 1989–1989
2 sentences

1989It seems that the phrase "hot pursuit" first appears in Johnson v. United States, 333 U.S. 10 n. 7 , 68 S.Ct. 367 n. 7 , 92 L.Ed. 436 n. 7 (1968), where the Court recognized that "some element of a chase will usually be involved in a 'hot pursuit.’ ” United States v. Santana, supra, 427 U.S. at 43 n. 3, 96 S.Ct. at 2410 n. 3, 49 L.Ed. at 305 n. 3. 6 See, e.g., Welsh v. Wisconsin, supra, 466 U.S. 740 , 104 S.Ct. 2091 , 80 L.Ed.2d 732 ; United States v. Aquino, 836 F.2d 1268 (10th Cir.1988) ("The only case in which the Supreme Court has held the exigent circumstance exception sufficient to justi

1989It seems that the phrase "hot pursuit" first appears in Johnson v. United States, 333 U.S. 10 n. 7 , 68 S.Ct. 367 n. 7 , 92 L.Ed. 436 n. 7 (1968), where the Court recognized that "some element of a chase will usually be involved in a 'hot pursuit.’ ” United States v. Santana, supra, 427 U.S. at 43 n. 3, 96 S.Ct. at 2410 n. 3, 49 L.Ed. at 305 n. 3. 6 See, e.g., Welsh v. Wisconsin, supra, 466 U.S. 740 , 104 S.Ct. 2091 , 80 L.Ed.2d 732 ; United States v. Aquino, 836 F.2d 1268 (10th Cir.1988) ("The only case in which the Supreme Court has held the exigent circumstance exception sufficient to justi

11
Johnson v. United Statesgreen
scotus · 1948 · cited in 1 New Jersey opinions naming this issue, 1989–1989
2 sentences

1989It seems that the phrase "hot pursuit" first appears in Johnson v. United States, 333 U.S. 10 n. 7 , 68 S.Ct. 367 n. 7 , 92 L.Ed. 436 n. 7 (1968), where the Court recognized that "some element of a chase will usually be involved in a 'hot pursuit.’ ” United States v. Santana, supra, 427 U.S. at 43 n. 3, 96 S.Ct. at 2410 n. 3, 49 L.Ed. at 305 n. 3. 6 See, e.g., Welsh v. Wisconsin, supra, 466 U.S. 740 , 104 S.Ct. 2091 , 80 L.Ed.2d 732 ; United States v. Aquino, 836 F.2d 1268 (10th Cir.1988) ("The only case in which the Supreme Court has held the exigent circumstance exception sufficient to justi

1989It seems that the phrase "hot pursuit" first appears in Johnson v. United States, 333 U.S. 10 n. 7 , 68 S.Ct. 367 n. 7 , 92 L.Ed. 436 n. 7 (1968), where the Court recognized that "some element of a chase will usually be involved in a 'hot pursuit.’ ” United States v. Santana, supra, 427 U.S. at 43 n. 3, 96 S.Ct. at 2410 n. 3, 49 L.Ed. at 305 n. 3. 6 See, e.g., Welsh v. Wisconsin, supra, 466 U.S. 740 , 104 S.Ct. 2091 , 80 L.Ed.2d 732 ; United States v. Aquino, 836 F.2d 1268 (10th Cir.1988) ("The only case in which the Supreme Court has held the exigent circumstance exception sufficient to justi

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 (4)

CaseCitedYears
United States v. Luis Raul Aquino green
ca10 · 1988
2 sentences

1989We acknowledge, as *476 other courts have acknowledged, the potential for abuse inherent in the exigent-circumstance exception to the warrant requirement and share the concern that “the police not be placed in a situation where they can create the exception, because well-meaning police officers may exploit such opportunities without sufficient regard for the privacy interests of the individuals involved.” United States v. Aquino, supra, 836 F. 2d at 1272 .

1989It seems that the phrase "hot pursuit" first appears in Johnson v. United States, 333 U.S. 10 n. 7 , 68 S.Ct. 367 n. 7 , 92 L.Ed. 436 n. 7 (1968), where the Court recognized that "some element of a chase will usually be involved in a 'hot pursuit.’ ” United States v. Santana, supra, 427 U.S. at 43 n. 3, 96 S.Ct. at 2410 n. 3, 49 L.Ed. at 305 n. 3. 6 See, e.g., Welsh v. Wisconsin, supra, 466 U.S. 740 , 104 S.Ct. 2091 , 80 L.Ed.2d 732 ; United States v. Aquino, 836 F.2d 1268 (10th Cir.1988) ("The only case in which the Supreme Court has held the exigent circumstance exception sufficient to justi

21989–1989
State v. Hutchins green
njsuperctappdiv · 1988
1 sentence

1989Rather, our disagreement is based on the Appellate Division’s assumption, without any fact-finding by the trial court focusing on the critical issues, that although the attempted drug purchase was a reasonable police-investigative effort, 226 N.J.Super. at 457 , the officers’ disclosure of their identity to defendant was unreasonable as a matter of law and may have been done deliberately to create the exigency on which the State relies.

11989–1989
Welsh v. Wisconsin green
scotus · 1984
2 sentences

1989It seems that the phrase "hot pursuit" first appears in Johnson v. United States, 333 U.S. 10 n. 7 , 68 S.Ct. 367 n. 7 , 92 L.Ed. 436 n. 7 (1968), where the Court recognized that "some element of a chase will usually be involved in a 'hot pursuit.’ ” United States v. Santana, supra, 427 U.S. at 43 n. 3, 96 S.Ct. at 2410 n. 3, 49 L.Ed. at 305 n. 3. 6 See, e.g., Welsh v. Wisconsin, supra, 466 U.S. 740 , 104 S.Ct. 2091 , 80 L.Ed.2d 732 ; United States v. Aquino, 836 F.2d 1268 (10th Cir.1988) ("The only case in which the Supreme Court has held the exigent circumstance exception sufficient to justi

1989It seems that the phrase "hot pursuit" first appears in Johnson v. United States, 333 U.S. 10 n. 7 , 68 S.Ct. 367 n. 7 , 92 L.Ed. 436 n. 7 (1968), where the Court recognized that "some element of a chase will usually be involved in a 'hot pursuit.’ ” United States v. Santana, supra, 427 U.S. at 43 n. 3, 96 S.Ct. at 2410 n. 3, 49 L.Ed. at 305 n. 3. 6 See, e.g., Welsh v. Wisconsin, supra, 466 U.S. 740 , 104 S.Ct. 2091 , 80 L.Ed.2d 732 ; United States v. Aquino, 836 F.2d 1268 (10th Cir.1988) ("The only case in which the Supreme Court has held the exigent circumstance exception sufficient to justi

11989–1989
United States v. Santana green
scotus · 1976
1 sentence

1989It seems that the phrase "hot pursuit" first appears in Johnson v. United States, 333 U.S. 10 n. 7 , 68 S.Ct. 367 n. 7 , 92 L.Ed. 436 n. 7 (1968), where the Court recognized that "some element of a chase will usually be involved in a 'hot pursuit.’ ” United States v. Santana, supra, 427 U.S. at 43 n. 3, 96 S.Ct. at 2410 n. 3, 49 L.Ed. at 305 n. 3. 6 See, e.g., Welsh v. Wisconsin, supra, 466 U.S. 740 , 104 S.Ct. 2091 , 80 L.Ed.2d 732 ; United States v. Aquino, 836 F.2d 1268 (10th Cir.1988) ("The only case in which the Supreme Court has held the exigent circumstance exception sufficient to justi

11989–1989

Where else courts name it

MI 8 (1982–2025) PA 7 (1984–2021) ID 7 (2001–2021) NJ 7 (1989–2022) TX 6 (2003–2016) GA 5 (1986–2013) TN 4 (1990–2019) FL 4 (1985–2016) IL 4 (2000–2007) MO 4 (1990–2023) LA 4 (2001–2020) VA 3 (2013–2025) WI 3 (1993–2023) AZ 3 (1989–1998) OH 3 (2000–2013) WA 3 (2006–2018) CA 3 (1991–2021) NY 2 (1992–2009) NM 2 (2010–2012)

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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