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Sunday, July 30, 2017

Denise Brown v. State of New Jersey (A-71-15

 Denise Brown v. State of New Jersey (A-71-15; 076656) 
In light of the context in which these circumstances arose—i.e., the lack of clarity in the law governing the lawful means by which law enforcement may secure a home pending issuance of a warrant and, significantly, that 

law’s intersection with the law governing the exigent circumstances exception to the warrant requirement—defendant did not violate a “clearly established” right when he entered Brown’s home to secure it, and qualified immunity applies.