STATE v. BILANCIO


724 A.2d 278 (1999)

318 N.J. Super. 408

STATE of New Jersey, Plaintiff-Respondent, v. Mario A. BILANCIO, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 19, 1999.


Attorney(s) appearing for the Case

Mark W. Catanzaro, Moorestown, for defendant-appellant.

Christine Ann Hoffman, Special Deputy Attorney General, Acting Assistant Prosecutor, for plaintiff-respondent (Debra L. Stone, Assistant Attorney General, Acting Burlington County Prosecutor, attorney; Deborah A. Siegrist, Special Deputy Attorney General, Acting Senior Assistant Prosecutor, of counsel and on the brief).

Before Judges HAVEY, SKILLMAN and PAUL G. LEVY.


The opinion of the court was delivered by SKILLMAN, J.A.D.

In Wilson v. Arkansas, 514 U.S. 927, 115 S.Ct. 1914, 131 L. Ed.2d 976 (1995), the Supreme Court held that the common law requirement that the police knock and announce their presence before entering a residence to execute a warrant is incorporated in the Fourth Amendment. However, the Court also stated that this is a flexible requirement which does not apply if...

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