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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Thursday, May 22, 2008

State of New Jersey v. James Robinson

04-15-08 State of New Jersey v. James Robinson

In this appeal, we reverse the trial court's denial of
defendant's motion to suppress evidence found in his dwelling.
Our decision is grounded exclusively under the rights conferred
in Article I, paragraph 7 of the Constitution of the State of
New Jersey.

In executing a knock-and-announce warrant, the police must
give the occupants of the dwelling a reasonable opportunity to
respond before resorting to the use of force to gain entry to
the residence. Here, the police broke down the entrance door of
the dwelling, twenty to thirty seconds after announcing their
presence, thus converting the knock-and-announce warrant into a
de facto no-knock warrant. Furthermore, the use of a so-called
flash bang explosive device by the police was factually
unwarranted, and rendered a nullity the warranannounce condition imposed by the court.

Posted by Ken Vercammen NJ Law Blog a