Muni-mail – Community Caretaking Exception Applies to Homes in NJ – State v. Witczak

 [04-13-11 – 9:02 am] Yesterday, the Appellate Division ruled that under New Jersey law, the community caretaking exception to the warrant requirement applies to homes or residences. This holding is extremely significant in that it is precisely the opposite of a ruling made in a New Jersey case by the federal Third Circuit Court of Appeals last year. Noting that the circuit courts of appeal around the country are split on this issue and that the United States Supreme Court has not specifically decided this question, the Appellate Division ruled that this exception applies in our state in the context of residence searches. Despite this legal holding, the Court also ruled in the case, captioned State v. Witczak, that the facts of the case (residential entry to recover a pistol used in an aggravated assault) did not support the requirements of the community caretaking exception.

Download a copy of State v. Witczak.

Category: Muni-Mail Archive