Police May Do Protective a Sweep without Making an Arrest – State v. Lane

In today’s Appellate Division decision in State v. Lane, the Court ruled that New Jersey police may conduct protective sweeps when they have a reasonable suspicion that the area to be swept poses a danger. Those protective sweeps are not predicated upon the police effecting an arrest. Moreover, the area to be searched by the police may include the interior of a residence or another building or the outside area (i.e. adjacent lands to the residence known in the law as curtilage) surrounding the residence.

Download a copy of County of State v. Lane

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