State v. Kaltner
22 A.3d 77
N.J. Super. Ct. App. Div.2011Background
- Defendant Derek Kaltner’s Monmouth University student residence in Long Branch hosted a late-night party in Oct 2009, violating a city noise ordinance.
- Police responded to the noise complaint with multiple officers, including Officer Camacho, entering the home after an unidentified resident opened the door.
- Inside the home, officers encountered a crowded party (120–150 people) and sought to identify residents to abate the nuisance.
- Camacho entered the second and third floors; on the third floor he observed two green pills in plastic bags, a pill bottle with defendant’s name, bags, and a scale, and seized items alongside defendant’s ID.
- Defendant was not present at the residence during the search; other residents were issued summonses for violating the noise ordinance.
- Defendant moved to suppress the drugs seized as the search extended beyond a lawful entry, with the trial court suppressing the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial entry was lawful as consent or community caretaking | State: entry authorized by consent to enter common areas for noise abatement | Kaltner: no valid consent to search beyond initial entry; privacy interest in home intact | Initial entry lawful; later search not reasonably within caretaking |
| Whether the officers’ search beyond the first floor was permissible under community caretaking | State: caretaking to locate owner and abate noise justifies broader canvassing | Kaltner: no exigency; extended search invaded privacy without justification | Search beyond living area unreasonable; not justified by caretaking |
| Whether the ecstasy drugs observed on the third floor were admissible under plain-view | State: drugs observed in plain view during lawful entry | Kaltner: evidence tainted by unlawful intrusion into private areas | Plain-view seizure unsupported; evidence suppressed due to unlawful entry and scope |
Key Cases Cited
- State v. Evers, 175 N.J. 355 (N.J. 2003) (privacy expectation governs searches in homes; Fourth Amendment applicability)
- State v. Marshall, 123 N.J. 1 (N.J. 1991) (probable cause and warrant requirements for searches)
- State v. Frankel, 179 N.J. 586 (N.J. 2004) (probable cause and particularity; warrant requirements contexts)
- State v. Bogan, 200 N.J. 61 (N.J. 2009) (community caretaking and entry into dwellings; objective reasonableness)
- State v. Diloreto, 180 N.J. 264 (N.J. 2004) (community caretaking doctrine; narrow exception for home intrusions)
- State v. Davila, 203 N.J. 97 (N.J. 2010) (reasonableness balancing in searches)
- Rohrig, 98 F.3d 1506 (6th Cir. 1996) (context-specific limits of a nuisance/caretaking search in homes)
- State v. Knights, 534 U.S. 112 (U.S. 2001) (Fourth Amendment reasonableness; balancing test for searches)
- Horton v. California, 496 U.S. 128 (U.S. 1990) (plain-view doctrine and inadvertent observations)