{"id":53066,"date":"2022-08-25T17:47:11","date_gmt":"2022-08-25T22:47:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53066"},"modified":"2022-08-25T17:47:11","modified_gmt":"2022-08-25T22:47:11","slug":"nj-arrest-warrant-executed-at-home-of-third-party-requires-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53066","title":{"rendered":"NJ: Arrest warrant executed at home of third-party requires SW"},"content":{"rendered":"\n<p>Police entering defendant\u2019s neighbor\u2019s house to arrest him when he was visiting violated the Fourth Amendment. There was no exigency justifying it. <a href=\"https:\/\/www.njcourts.gov\/attorneys\/assets\/opinions\/supreme\/a_32_21.pdf?c=Xte\">State v. Bookman<\/a>, 2022 N.J. LEXIS 678 (Aug. 24, 2022).<\/p>\n\n\n\n<p>Even if the knock-and-announce rule applies to entries for an arrest, the government showed here that there was a officer safety justification for not announcing. United States v. Terrazas, 2022 U.S. Dist. LEXIS 150829 (W.D. Tex. Aug. 23, 2022).<\/p>\n\n\n\n<p>Defendant\u2019s search claim wasn\u2019t presented below, and it should be treated as waived. Going to the merits anyway, the search was justified by the automobile exception. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=336900\">Pollard v. State<\/a>, 2022 Del. LEXIS 255 (Aug. 24, 2022).*<\/p>\n\n\n\n<p>There was probable cause for this vehicle search based on an informant\u2019s information. United States v. Reza, 2022 U.S. Dist. LEXIS 151626 (D.N.M. Aug. 23, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police entering defendant\u2019s neighbor\u2019s house to arrest him when he was visiting violated the Fourth Amendment. There was no exigency justifying it. State v. Bookman, 2022 N.J. LEXIS 678 (Aug. 24, 2022). Even if the knock-and-announce rule applies to entries &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53066\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,36,56],"tags":[],"class_list":["post-53066","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-automobile-exception","category-knock-and-announce"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53066","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=53066"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53066\/revisions"}],"predecessor-version":[{"id":53067,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53066\/revisions\/53067"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53066"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53066"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53066"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}