STATE v. LEWIS


227 N.J. Super. 593 (1988)

548 A.2d 231

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN LEWIS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 23, 1988.


Attorney(s) appearing for the Case

Barbara J. Lieberman, Designated Counsel, argued the cause for appellant (Alfred A. Slocum, Public Defender of New Jersey, attorney).

Richard Morton, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney).

Before Judges KING, GRUCCIO and D'ANNUNZIO.


The opinion of the court was delivered by KING, P.J.A.D.

The issue in this case is whether the exigent circumstance that evidence of drug dealing might be removed from an apartment justified an entry without a search warrant. This has become a troublesome area of search and seizure law in which courts and judges have disagreed.

As LaFave states, "the question is whether the experience to date merits the conclusion that in due course the exception [to...

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