NJ: Officer’s entry into def’s home for def to retrieve his ID was without justification and therefore was unreasonable

An investigative stop in an apartment complex parking lot, not based on reasonable suspicion, did not justify following defendant into his home to get his ID, especially after the officer did a quick patdown before they went in. Once inside, defendant removed his sweatshirt, and the officer searched it and found a gun. [Which means he missed the gun in the first patdown.] Entry into the home requires more. Washington v. Chrisman is distinguished because that case involved somebody already under arrest, and the court won’t extend it to this situation. State v. Legette, 2017 N.J. LEXIS 9 (Jan. 12, 2017):

In response to a noise complaint, an officer arrived at Defendant James L. Legette’s apartment complex, where he observed defendant standing with another man in a public area. Because defendant began to walk away when the officer identified himself, the officer commenced an investigatory stop, asking defendant for identification. When defendant offered to retrieve identification from his apartment, the officer said he would have to accompany defendant. While in his apartment, defendant removed the sweatshirt he was wearing. The officer seized the sweatshirt and ultimately discovered a handgun in its pocket.

The trial court denied defendant’s motion to suppress the handgun, and the Appellate Division affirmed. The lower courts largely relied on Washington v. Chrisman, 455 U.S. 1, 102 S. Ct. 812, 70 L. Ed. 2d 778 (1982), and State v. Bruzzese, 94 N.J. 210 (1983), cert. denied, 465 U.S. 1030, 104 S. Ct. 1295, 79 L. Ed. 2d 695 (1984), which concluded that it was reasonable for police officers to follow arrestees into their homes.

For the reasons set forth in this opinion, we decline to extend Chrisman and Bruzzese to detainees. Although warrantless entries into the home require probable cause, investigatory stops require the lower standard of reasonable suspicion. We therefore hold that, when conducting an investigatory stop, it is not permissible for an officer to follow suspects into their homes.

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