05/13/14 STATE V. BIVINS
A-1577-12T2
In this appeal, we consider
whether the scope of the permissible area and persons to be searched, pursuant
to a search warrant, extends to the location where defendant was found, seated
in a vehicle, parked on the street, five or six houses away from the premises
where a search warrant was being executed. The motion judge found there was
probable cause to search defendant based upon the search warrant. We reverse
holding pursuant to Bailey v. United States, __ U.S. __, 133 S. Ct. 1031, 185
L. Ed. 2d 19 (2013), the search and seizure was beyond the spatial limits of
the search warrant.
