STATE v. RADEL. JERSEY APPELLATE DIVISION DOCKET NO. A-2503-18T3

STATE OF NEW JERSEY v. CHRISTOPHER RADEL -- NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2503-18T3

Charged with numerous weapons and drug offenses, defendant moved in the trial court for the suppression of evidence – guns, ammunition, drugs, and drug paraphernalia – seized pursuant to a search warrant based on information police obtained during a warrantless entry into defendant's home. The trial judge denied the suppression motion, finding the police conducted a permissible protective sweep of the home. The court disagreed with the trial judge's application of State v. Davila, 203 N.J. 97 (2010), concluding that the police lacked both a reasonable and articulable suspicion of danger and a legitimate purpose for remaining on the premises, since defendant was arrested outside the home and handcuffed before police conducted the sweep.10/