NJ: DV seizure order and SW issued; dismissal of DV matter doesn’t affect independent SW

Family court DV search warrant was adequate and helped support an additional search warrant by the criminal court. There was probable cause. The ultimate dismissal of the DV petition had no legal effect on the validity of the search warrant. State v. Hemenway, 2018 N.J. Super. LEXIS 57 (Apr. 16, 2018):

Thus, the subsequent dismissal of the domestic violence complaint at the FRO hearing did not ex post facto vitiate the validity of the search warrant the Family Part issued under N.J.S.A. 2C:25-28(j). Defendant’s failure to comply with the police officers’ direct instruction to allow them entry into his residence to execute a facially valid TRO and search warrant gave the officers probable cause to arrest defendant on the charge of fourth degree contempt under N.J.S.A. 2C:29-9(b)(1). Once inside his apartment, the officers immediately detected the strong odor of raw marijuana and saw in plain view multiple air fresheners located throughout the apartment to mask the scent. The record also shows that before entering the apartment, the officers asked defendant whether anyone else was inside. Defendant responded with a shrug of his shoulders and stated he did not know. Given defendant’s non-cooperation and mindful of the allegations concerning the presence of weapons, once lawfully inside the apartment, the officers conducted “a protective sweep,” limited to areas where a person could be hiding and to “ferret out weapons” that might be used against them. State v. Davila, 203 N.J. 97, 125-129, 999 A.2d 1116 (2010).