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Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
RainDog Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-10 10:02 AM
Response to Reply #12
18. here
Law.com reports that McGacken initially took few steps to prevent the police from entering his home. When he was asked for identification, he went upstairs to retrieve it and "did not object when a trooper followed him."

and at Law.com

http://www.law.com/jsp/article.jsp?id=1202446277497&rss=newswire

Screaming too loud during sex can get you or your partner arrested in New Jersey, thanks to an appeals court ruling handed down on Monday.

Affirming denial of a motion to suppress drugs found in a Farmingdale, N.J., home, the judges said the screaming reported by a neighbor gave police an objectively reasonable basis to believe that a limited investigation was necessary to determine whether anyone was in need of aid.

Even after the occupants gave a plausible explanation -- that the cries were released in the height of passion -- the potential for harm was sufficient for police to search further, the court said in State v. McGacken, A-4527-08.

Responding to an anonymous 911 call, state troopers went to Brian McGacken's home on Feb. 17, 2007, and he answered the door dressed in a bathrobe. When he explained the source of the noise, the troopers asked to speak to his girlfriend. She came downstairs wearing a towel and confirmed his explanation. Nevertheless, the troopers asked McGacken for identification. He went upstairs to retrieve it and did not object when a trooper followed him.
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