{"id":7504,"date":"2012-09-17T06:33:05","date_gmt":"2012-07-30T11:38:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-30T11:38:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7504","title":{"rendered":"NJ: Anonymous 911 call of a domestic battery going on was found objectively unreliable and police could not search"},"content":{"rendered":"

Officers responded to a de facto anonymous 911 call that defendant was beating his girlfriend, the caller\u2019s sister. The police arrived and found nothing that would support that domestic violence was going on. They frisked defendant and found no gun. They searched the house and found a gun. Objectively, searches were invalid under the \u201cemergency-aid test.\u201d New Jersey law should now comport with federal law on this issue. State v. Edmonds<\/a>, 211 N.J. 117, 47 A.3d 737 (2012):<\/p>\n

In light of recent federal precedent, we conclude that the second factor in the emergency-aid test set forth in Frankel, which addresses the officer’s subjective motivation, is no longer consonant with Fourth Amendment jurisprudence. Since Frankel, the United States Supreme Court has made clear that, in the emergency-aid context, the subjective motivation of a police officer is irrelevant in determining whether a search or seizure is unreasonable under the Fourth Amendment. Brigham City v. Stuart, 547 U.S. 398, 404-05, 126 S. Ct. 1943, 1948, 164 L. Ed. 2d 650, 658 (2006). Rather, the test is simply one of objective reasonableness — viewing the circumstances objectively, were the actions of the officer justified. Ibid.; Michigan v. Fisher, 558 U.S. __, __ , 130 S. Ct. 546, 548, 175 L. Ed. 2d 410, 413 (2009) (“This ’emergency aid exception’ does not depend on the officers’ subjective intent or the seriousness of any crime they are investigating when the emergency arises. It requires only ‘an objectively reasonable basis for believing,’ that ‘a person within [the house] is in need of immediate aid.'” (citations omitted)).<\/p>\n

The Ninth and Tenth Circuits had a three-part emergency-aid test — almost identical to the one in Frankel — and eliminated the subjective-motivation factor in the wake of Brigham City. United States v. Snipe, 515 F.3d 947, 951-52 (9th Cir. 2008); United States v. Najar, 451 F.3d 710, 718 (10th Cir. 2006).6 We now do the same to align our jurisprudence with federal law.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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