State of New Jersey, Plaintiff-Appellant v. Demetrius C. Cope (a/K/A Raashid Habshin, Rasheed Cope, Demetrius M…

Summary

The Supreme Court of New Jersey held that the police's protective sweep of the defendant's back porch was a permissible search incident to an in‑home arrest and that the rifle discovered was admissible under the plain‑view doctrine. It also held that the trial court erred by excluding the defendant's third‑party‑guilt witness, whose testimony should have been presented to the jury. The Court reversed the Appellate Division’s suppression ruling, affirmed the reversal of the conviction on the basis of the evidentiary error, and remanded for further proceedings consistent with this opinion.