State of New Jersey, Plaintiff-Appellant v. Michael Cushing, Defendant-Respondent

Summary

The New Jersey Supreme Court affirmed the Appellate Division’s decision that the warrantless search of Michael Cushing’s bedroom was invalid because neither actual nor apparent third‑party consent existed. The Court held that Betty Cushing lacked authority to consent to a search of her grandson’s bedroom and that Officer Ziarnowski’s reliance on Mylroie’s alleged power of attorney was not objectively reasonable. The matter was remanded for the trial court to consider the independent‑source doctrine.