Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Johnnie Davila Aka Johnny Christopher Aka Johnnie Crosby

July 14, 2010203 N.J. 97

Summary

The Supreme Court of New Jersey held that a warrantless protective sweep of a dwelling is permissible only when officers are lawfully present for a legitimate purpose (including consent) and have reasonable articulable suspicion that the area harbors a dangerous individual, and the sweep must be quick and limited; because those conditions were not met, the trial court's denial of suppression was erroneous, and the case was reversed and remanded.