State v. Vargas, A-56 September Term 2011; Supreme Court; opinion by Albin, J.; dissent by Patterson, J.; decided March 18, 2013. On appeal from the Appellate Division. [Sat below: Judges Yannotti and Espinosa in the Appellate Division; Judge Telsey in the Law Division.] DDS No. 14-1-9325 [54 pp.]
In this appeal, the court must decide whether, consistent with the Fourth Amendment of the U.S. Constitution and Article I, Paragraph 7 of the New Jersey Constitution, the community-caretaking doctrine authorizes the police to conduct a warrantless entry and search of a home to check on the welfare of a resident in the absence of the resident’s consent or an objectively reasonable basis to believe that there is an emergency.
