View Single Post
Old 02-14-2014, 16:34   #13
msu_grad_121
BOOSH
 
msu_grad_121's Avatar
 
Join Date: Sep 2009
Location: NW Burbs
Posts: 2,654
Quote:
Originally Posted by SKSman57 View Post
Factually, that sounds somewhat similar to State v. Vargas, 213 N.J. 301, 63 A.3d 175, 2013 N.J. LEXIS 203, 2013 WL 1104072 (N.J. 2013).

http://www.judiciary.state.nj.us/mcs...e_v_vargas.pdf

The Court in Vargas held that the Community Caretaker exception alone wasn't enough, there needed to be an objectively reasonable basis for believing that there was an emergency.

However, there really isn't a clear answer here due to the Circuit Split and wide range of case law here. (The N.J. Supreme Court is rather far-left and their reasoning wouldn't necessarily be persuasive in more Conservative jurisdictions.) This is an area that the Supreme Court probably needs to clarify.
Ugh. Well that doesn't help my argument. Oh well, that'll learn me to keep my big mouth shut. Thanks!
__________________
The name on the left side of your chest represents who you work for. The name on the right side of your chest represents who raised you. Make them both proud.
msu_grad_121 is online now   Reply With Quote