Our NJ Supreme Court recently ruled that when a State Trooper entered a woman's home without waiting for a proper warrant, he violated the woman's rights, but she can't sue the police.
The police claimed they feared the woman was going to destroy evidence in the home based on her perceived behavior, so they entered the home without the warrant. The woman was made a prisoner in her own home while the cops waited there for the warrant. The woman filed a suit claiming her civil rights were violated. The trial court level dismissed the case, but our appellate court reversed that ruling. The case went on to the NJ Supreme Court where a recent decision stated that there is a lack of clarity in the law governing the lawful means to secure a home by law enforcement while a warrant application is pending. The court determined the troopers acted according to their training and therefore could not be sued.
The police claimed they feared the woman was going to destroy evidence in the home based on her perceived behavior, so they entered the home without the warrant. The woman was made a prisoner in her own home while the cops waited there for the warrant. The woman filed a suit claiming her civil rights were violated. The trial court level dismissed the case, but our appellate court reversed that ruling. The case went on to the NJ Supreme Court where a recent decision stated that there is a lack of clarity in the law governing the lawful means to secure a home by law enforcement while a warrant application is pending. The court determined the troopers acted according to their training and therefore could not be sued.
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