{"id":3137,"date":"2009-05-30T08:24:18","date_gmt":"2009-05-17T08:47:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-05-17T08:47:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3137","title":{"rendered":"NJ: Second entry under same warrant was proper because police were on the trail of a subject of the SW; NJ adopts “reasonable continuation” doctrine"},"content":{"rendered":"

Under the “reasonable continuation” doctrine, a single search warrant could provide authorization for the executing officers to make more than one entry into the premises identified in the warrant if they were unable to locate an item of evidence specified in the warrant during their initial entry. In order for a re-entry into premises to be considered a reasonable continuation of the search authorized by the warrant, two conditions had to be satisfied: first, the subsequent entry had to be a continuation of the original search, rather than a new and separate search; and second, the decision to conduct a second entry to continue the search had to be reasonable under the totality of the circumstances. Both conditions were satisfied. State v. Finesmith<\/a>, 406 N.J. Super. 510, 968 A.2d 715 (2009):<\/p>\n

Our courts have not previously had occasion to consider whether a single search warrant may provide authorization for the executing officers to make more than one entry into the premises identified in the warrant if they are unable to locate an item of evidence specified in the warrant during their initial entry. However, the federal courts have adopted what is commonly referred to as the “reasonable continuation doctrine” under which police may in some circumstances temporarily suspend a search authorized by a warrant and re-enter the premises at a later time to continue the search. See, e.g., United States v. Keszthelyi, 308 F.3d 557, 568-69 (6th Cir. 2002); United States v. Squillacote, 221 F.3d 542, 557-58 (4th Cir. 2000), cert. denied, 532 U.S. 971, 121 S. Ct. 1601, 149 L. Ed. 2d 468 (2001); United States v. Gerber, 994 F.2d 1556, 1558-61 (11th Cir. 1993); United States v. Kaplan, 895 F.2d 618, 623 (9th Cir. 1990); State v. Carter, 854 F.2d 1102, 1107 (8th Cir. 1988); United States v. Bowling, 351 F.2d 236, 241 (6th Cir. 1965); United States v. Joseph, 278 F.2d 504, 505 (3rd Cir. 1960).<\/p>\n

In order for a re-entry into premises to be considered a reasonable continuation of the search authorized by the warrant, two conditions must be satisfied: first, “the subsequent entry must … be a continuation of the original search, rather than a new and separate search,” and second, “the decision to conduct a second entry to continue the search must be reasonable under the totality of the circumstances.” Keszthelyi, supra, 308 F.3d at 569.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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