No Knock Search Warrants/Surveillance Equipment – State v. Carlino

Earlier this morning, the Appellate Division released its opinion in State v. Carlino. In this case, the police used the fact that the occupant of a residence that the police planned to raid had surveillance equipment inside the home. The Court ruled that this fact can justify the issuance of a “no-knock” search warrant under the totality of the circumstances test. The Court also upheld the use of language in the search warrant that authorized the police to search any and all persons who arrive at or attempt to depart the residence whom the police reasonably suspect to be involved in the investigation.

Carlino’s way of getting involved with this case was arriving at the scene well after the police had broken down the door and not noticing that all the people in the house with the badges around their necks were police officers.

Note in this decision the great lengths that the Appellate Division goes to confer standing upon Carlino. This was not his residence. He was not there when the police served the warrant. He merely showed up with drugs in his fanny pack after the fact. Yet, the Court permitted him to challenge both the propriety of the warrant and the “no-knock” provision.

Download a copy of State v. Carlino

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