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STATE v. O'DONNELL

No. A-0858-06T4

974 A.2d 420 (2009)

408 N.J. Super. 177

STATE of New Jersey, Plaintiff-Respondent, v. Alice O'DONNELL, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 2009.

Attorney(s) appearing for the Case

Stephen P. Hunter, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Hunter, of counsel and on the brief).

Joie Piderit, Assistant Prosecutor, argued the cause for respondent (Bruce J. Kaplan, Middlesex County Prosecutor, attorney; Ms. Piderit, on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether evidence observed in plain view during a police entry into a residence to provide emergency aid may be seized without a warrant even though there is a short delay between the emergency aid entry and the seizure of evidence by other police officers responsible for processing the crime scene. We conclude that the seizure of evidence without a warrant is...

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