04-15-08 A-6381-05T4
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 warrant's knock-and announce condition imposed by the court.
