The Supreme Court announced that it has granted leave to appeal in State v. Caneiro, a quadruple homicide case. The question presented, as phrased by the Supreme Court Clerk’s office, is “Under the circumstances presented, where defendant’s house was on fire, was the warrantless seizure of evidence from the garage justified under the exigent circumstances exception to the warrant requirement?”
The Law Division granted defendant’s motion to suppress the evidence. The State sought leave to appeal to the Appellate Division. In an unpublished order, a two-judge panel of the Appellate Division granted the motion for leave to appeal and summarily affirmed the Law Division’s ruling.
In granting leave to appeal, the Supreme Court imposed an expedited, peremptory briefing schedule. Any motion for leave to appear as amicus curiae must be filed, with a copy of the proposed amicus brief included in the motion filing, by September 24.