Articles Posted in Supreme Court of New Jersey

This appeal concerns the applicability of qualified immunity to a claim brought under the New Jersey Civil Rights Act (NJCRA), N.J.S.A.10:6-1 to -2, against a police detective named in his individual and official capacity. Plaintiff Denise Brown filed suit claiming her state constitutional rights were violated in 2008 when a State Police officer accompanied her into her apartment, without a warrant and without her consent, in order to secure the premises while awaiting the issuance of a search warrant. Victims claimed two men with handguns forcibly entered a home, stole jewelry and other belongings, and fled in a blue BMW. Plaintiff loaned her blue BMW to her boyfriend, Carlos Thomas. Thomas was ultimately charged in connection with his alleged involvement in the home invasion. A State Police representative notified plaintiff of Thomas’s arrest and that the State Police had her vehicle. They searched plaintiff’s car and found contraband, a gun holster, and other items, including jewelry, linking the car to the home invasion. During the investigation, State Police received a tip that Thomas had given plaintiff a locket reported as stolen during the break-in. As a result, the police determined the investigation should include a search of plaintiff’s home. A detective explained to plaintiff that if she refused consent, he would then proceed to seek a search warrant, securing the premises in the interim by either preventing her from entering the home or allowing her access, accompanied by police, to prevent loss or destruction of evidence. Given the options, plaintiff declined to grant consent and refused to allow the officers to secure the apartment from outside. The parties agreed there was probable cause to believe that plaintiff had evidence in her home and, in fact, a search warrant was obtained later that day. The State moved to dismiss, using qualified immunity as grounds. The New Jersey Supreme Court determined a law enforcement officer, without a warrant and without consent, may not lawfully insist on entering a residence based on an assertion that exigent circumstances require the dwelling to be secured. However, in light of the circumstances of this case, the police did not violate a clearly established right when entering the home to secure it. Qualified immunity applied. View "Brown v. New Jersey" on Justia Law