State v. Witczak, 23 A.3d 416

On May 9, 2009, police responded to an aggravated assault involving a gun after a victim, who cared for defendant's bedridden mother, reported being threatened upstairs.
The victim observed defendant point a gun from the third floor; she fled and called police; multiple officers surrounded the house while the victim awaited assistance blocks away.
Defendant exited the home when approached, was arrested, handcuffed, and Mirandized; the bedridden mother remained on the first floor with no other occupants.
Officer D'Onofrio entered the home to retrieve the gun on the third floor without a warrant or consent, after defendant was in custody and the scene secured, despite there being no emergency at that moment.
The trial court denied suppression, applying the community caretaker and emergency aid doctrines, but acknowledged the decision was a close call and invited appellate review.
On appeal, the court held that the warrantless entry cannot be justified by the community caretaker exception as applied here, finding no real caretaker purpose or exigency; the emergency aid exception did not apply either.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Cady's community caretaker exception apply to a home entry?	State follows Ray, that home entries are not protected by the community caretaker rule.	NJ precedent permits applying the community caretaker exception to homes on a case-by-case basis.	No; not justified for the home in this case.
Was there an exigent circumstance justifying a warrantless home entry?	State contends exigencies existed to prevent loss or destruction of evidence.	Defendant contends there were no exigent circumstances since the scene was secured.	Exigency not shown; entry invalid.
Was the entry justified under the emergency aid exception?	State argues emergency aid could justify entry to protect individuals inside the home.	Defendant argues entry was to retrieve a gun, not to render emergency aid.	Not justified; emergency aid not applicable.

Cady v. Dombrowski, 413 U.S. 433 (1973) (establishes community caretaker concept separate from evidence gathering)
State v. Cassidy, 179 N.J. 150 (2004) (recognizes community caretaker/emergency aid in home context with distinctions)
State v. Bogan, 200 N.J. 61 (2009) (home entry may be justified if caretaker purpose real and not pretext)
Ray v. Township of Warren, 626 F.3d 170 (3d Cir. 2010) ( Third Circuit holds community caretaker does not extend to homes)
State v. DeLuca, 168 N.J. 626 (2001) (sets warrant requirement and exception framework in NJ)
State v. Robinson, 200 N.J. 1 (2009) (constitutional warranting framework in NJ context)