State v. Radel

In State v. Radel, the Appellate Division confronted the question, “Did they really think they were allowed to do that?” Police received a forfeiture order directing them to seize a handgun from the defendant’s parents’ house. The defendant lived next door to his parents and was the purported owner of the gun. The defendant had outstanding municipal warrants. When the police arrived on the block, they saw the defendant leaving his house and arrested him. Only after his arrest did they go inside his house for a “protective sweep.” Citing State v. Davila and Maryland v. Buie, the Appellate Division held that there was no lawful reason for the police to enter the home once the defendant was arrested without incident.

Radel