State v. Witczak, A-2735-10T2; Appellate Division; opinion by Fasciale, J.S.C., temporarily assigned; decided and approved for publication April 12, 2011. Before Judges Fisher, Sapp-Peterson and Fasciale. On appeal from the Law Division, Middlesex County, No. 09-08-1386. DDS No. 14-2-1705 [22 pp.]
The appellate panel reviews an interlocutory order denying defendant’s motion to suppress a handgun seized from his residence. The primary question is whether the community-caretaker exception enunciated in Cady v. Dombrowski applies to a warrantless search in the home.
