STATE v. RILEY JEFFERSON a/k/a SYNCERE RILEY JEFFERSON (A-1945-06T4) 05-21-10
(1) In the absence of a warrant or a recognized exception
from the Fourth Amendment's warrant requirement, the police
could not lawfully enter defendant's home to conduct a Terry-
type detention and investigation of defendant.
(2) A police officer's wedging herself in the doorway to
prevent defendant from closing his front door was entry into the
home.
(3) The police failed to show either "hot pursuit" exigent
circumstances or a community caretaking exception from the
warrant requirement.
(4) Although the police entry was unlawful, defendant had
no right to resist physically, and the search of his person
incident to arrest was lawful.
(5) Consent to search defendant's apartment, given by
defendant's wife, was tainted by the unconstitutional police
conduct and was not shown to be voluntary.
