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STATE v. FINESMITH

DOCKET NO. A-1056-08T4.

968 A.2d 715 (2009)

406 N.J. Super. 510

STATE of New Jersey, Plaintiff-Respondent, v. Ross FINESMITH, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 2009.

Attorney(s) appearing for the Case

Paul B. Brickfield, River Edge, argued the cause for appellant (Brickfield & Donahue and Fox Rothschild, L.L.P., attorneys; Mr. Brickfield and Alain Leibman, Lawrenceville, of counsel and on the briefs).

Jeanne Screen, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Ms. Screen, of counsel and on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The most significant issue presented by this appeal is whether police officers executing a search warrant may re-enter the premises the warrant authorizes them to search if the officers are unable to locate an item of evidence specified in the warrant during their initial entry. The federal courts have recognized that such a re-entry is appropriate in limited circumstances under what is known as...

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