STATE v. VARGAS

A-56 September Term 2011, 069449

63 A.3d 175 (2013)

213 N.J. 301

STATE of New Jersey, Plaintiff-Respondent, v. Cesar Albert VARGAS, Defendant-Appellant, and Carmelo Martinez, Defendant.

Supreme Court of New Jersey.

Decided March 18, 2013.


Attorney(s) appearing for the Case

Wayne R. Powell , Cherry Hill, argued the cause for appellant (Law Office of Wayne R. Powell, attorney; Mr. Powell and Wallace R. Wade , of counsel; Mr. Wade , on the brief).

Steven A. Yomtov , Deputy Attorney General, argued the cause for respondent ( Jeffrey S. Chiesa , Attorney General of New Jersey, attorney).


Justice ALBIN delivered the opinion of the Court.

We must decide whether the community-caretaking doctrine authorizes the police to conduct a warrantless entry and search of a home to check on the welfare of a resident in the absence of the resident's consent or an objectively reasonable basis to believe that there is an emergency.

In this case, a landlord called the police because he had not seen or been able to contact a tenant for two weeks. During the...

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