Kenneth Vercammen was included in the “Super Lawyers” list published by Thomson Reuters
Thursday, December 09, 2021
Supression motion granted where no consent to search roomState v Phillips
Suppression motion granted where no consent to search room
State v. Phillips
State appealed trial court's grant of defendant's motion to suppress evidence. Defendant moved to suppress evidence seized from his hotel room. State argued the seizure was authorized under the plain view and exigent circumstances exceptions to the warrant requirement.
Officer saw a marijuana cigarette and entered room to arrest defendant for a disorderly persons offense.
Trial court made specific findings as to each factor it had been ordered to consider by appellate court and concluded no exigent circumstances existed because police could have arrested defendant at the doorway and there was no reason for them to enter the room.
Appeal Court found trial court's latest determination was legally correct.
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