August 6, 2013
Lt. Fran Mozgai, Commander
Hillsborough Police Patrol Division
379 South Branch Rd
Hillsborough Township NJ, 08844
via e-mail to mozgaif@hillsboroughpolice.org
Dear Lieutenant Mozgai:
Please review today's Appellate Division decision, which is on-line here.
It involved a Hillsborough Police warrantless entry into a home under the "community caretaking function" which ended up in marijuana being located and a woman being arrested and convicted for possession with intent to distribute. The conviction was reversed because a NJ Supreme Court decision, which was issued after the conviction of the Hillsborough woman who was arrested, clarified the standard that police have to follow before making a warrantless entry into a home.
I don't think that the Hillsborough officers can be faulted given that the law wasn't clear at the time of their actions. I do think, however, that this court decision provides an important and relevant training opportunity for your Division.
Thank you for your attention to this matter,
John Paff,Chairman
New Jersey Libertarian Party's
Police Accountability Project
cc. Police Chief Kaminsky
via e-mail to chiefkaminsky@hillsboroughpolice.org