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Tuesday, June 17, 2014

05/13/14 STATE V. BIVINS A-1577-12T2

05/13/14 STATE V. BIVINS
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.