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STATE v. DAVILA

No. A-20 September Term 2009.

999 A.2d 1116 (2010)

203 N.J. 97

STATE of New Jersey, Plaintiff-Respondent, v. Johnnie DAVILA aka Johnny Christopher aka Johnnie Crosby, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 14, 2010.

Attorney(s) appearing for the Case

Susan Brody, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Steven A. Yomtov, Deputy Attorney General, argued the cause for respondent (Paula T. Dow, Attorney General of New Jersey, attorney).

Justice LaVECCHIA delivered the opinion of the Court.

A warrantless search of a dwelling led to the arrest of defendant Johnnie Davila. Defendant moved to suppress the evidence obtained as a result of that search. He contested the asserted consensual nature of the entry of six officers into the apartment and, further, challenged the officers' right to search the entire apartment under the rubric of conducting a protective sweep for purposes of officer safety. The...

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