STATE OF NEW JERSEY VS. JAMES L. LEGETTE
A-1207-13T3
Washington v. Chrisman, 455 U.S. 1, 102 S. Ct. 812, 70 L. Ed. 2d 778
(1982), and State v. Bruzzese, 94 N.J. 210, 234 (1983), cert. denied,
465 U.S. 1030, 104 S. Ct. 1295, 79 L. Ed. 2d 695 (1984), allow the
police to accompany arrestees who want to go into their residence to
retrieve identification or personal items. We hold the same is true in a
valid investigatory stop based on reasonable suspicion, at least if the
officer has a reasonable belief that the detainee is armed and
dangerous. In that situation, accompaniment by the officer is reasonable
to avoid the possible danger to the officer and risk of escape if the
detainee is allowed to go into the residence unaccompanied. If the
detainee decides not to enter the residence once he learns he will be
accompanied, the officer may not enter without satisfying the warrant
requirement or an exception.
If the detainee seeks to conceal evidence while in the residence, the
officer may prevent the concealment, and secure the evidence.
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