State v. Lund

1 Analyses of this case by attorneys

  1. NJ: Protective weapons search may be obviated by officers’ control of the situation

    Law Offices of John Wesley HallJohn Wesley HallMay 5, 2017

    The United States Supreme Court applied the protective sweep exception to an automobile setting in Michigan v. Long, 463 U.S. 1032, 1049, 103 S. Ct. 3469, 77 L. Ed. 2d 1201 (1983). The Court adopted that standard in State v. Lund, 119 N.J. 35, 48, 573 A.2d 1376 (1990), but rejected the State’s claim that the search reviewed in that case was a valid protective sweep. In State v. Gamble, the Court upheld an automobile search as a lawful protective sweep.