Huber v. New Jersey Dept. of Environmental ProtectionPetition for certiorari denied on March 21, 2011
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-388||Superior Court of New Jersey, Appellate Division||N/A||N/A||N/A||N/A||OT 2010|
Issue: (1) Whether the evidence obtained by the New Jersey Department of Environmental Protection during an unannounced, warrantless inspection of wetlands in the backyard behind petitioners' home, over their repeated objections, should be suppressed because it was obtained in violation of the Fourth Amendment; (2) whether the Fourth Amendment entitles petitioners to greater protection from warrantless searches and seizures on their residential property than a closely regulated business, even when their property contains regulated wetlands; (3) whether the warrantless inspection and seizure of soil samples at petitioners' property was valid under the â€œspecial public needsâ€ exception to the warrant requirement; and (4) whether residents lose the right to be free from warrantless inspections of their property due to the presence of regulated wetlands.