State v. Earls, A-53 September Term 2011; Supreme Court; opinion by Rabner, C.J.; decided July 18, 2013. On certification to the Appellate Division, 420 N.J. Super. 583 (App. Div. 2011). [Sat below: Judges Parrillo, Skillman and Roe in the Appellate Division; Judge Chaiet in the Law Division.] DDS No. 14-1-xxxx [43 pp.]
As part of an investigation into a series of burglaries, police received information incriminating defendant Thomas Earls. In an effort to locate him and his girlfriend, whose safety was in question, the police obtained cellphone location information from T-Mobile on three occasions during the same evening, without first getting a court order or a warrant. Using that information, they found defendant in a motel. When he opened the motel room door, the police arrested him. They saw a flat-screen television and several suitcases on the floor and found a pillowcase tied in a knot in a closed dresser drawer. After defendant signed a consent-to-search form, police found they contained stolen property, jewelry and marijuana.
