Supreme Court Rules Police Didn't Need Warrant

Clifton police did not need a warrant to search the apartment of Anthony Bogan, after a 14 year-old girl alleged he had sexually molested her, the New Jersey Supreme Court ruled today.

The unanimous decision said because a 12 year-old boy was in the apartment with Bogan, 31, police had "an immediate duty to ensure his safety," and were justified in their actions.

"The police had an obligation not only to determine who was caring for Wally, but also to enter the apartment for the limited purpose of ensuring that neither Wally nor any other child was in harm's way," Justice Barry Albin wrote for the court. Both names of the minors involved in the case were changed by the court to protect their identity.

Bogan, a "family friend" of the 14 year-old girl, picked her up one morning and offered to give her a ride to school, said the decision.

"Anthony Bogan instead took her to an apartment where he sexually molested her," the justices said.

A trial court previously convicted Bogan in 2005 of luring or enticing a child, criminal sexual contact and hindering apprehension, sentencing him to eight years in prison. But a state appeals court later overturned the charges, saying the police had conducted an illegal search of his Clifton apartment, and sent Bogan back to trial.

Public Defender Yvonne Smith Segars, whose office participated in the case, said children should be protected from offenders but not at the expense of residents' rights, when searching or entering a home without a warrant.

"It must be exercised carefully to balance the competing needs of protecting children and preserving our Fourth Amendment protections against unreasonable search and seizure," said Segars. "This case teeters closely on the edge."

The same morning Bogan molested the girl, she was found crying on the sidewalk by a receptionist at Passaic Mill Work, in Passaic, who helped her report the crime to the police, according to court documents. Through the girl's description of Bogan's apartment and car, Clifton police officers were able to locate it, according to the decision.

The decision said the officers became concerned when they heard an adult's voice coming from the apartment but the door, when opened, was answered by a boy.

Rachel Goemaat, a spokeswoman for the Attorney General's office, said "the Court correctly upheld the propriety of the officer's simple act of entering the apartment" because the police officers had reason to believe "a child who appeared to be home alone on a school day" was in an apartment where a crime had just occurred.

The state's highest court reversed the lower court's ruling and reinstated Bogan's conviction. Bogan was released form Passaic County Jail in November 2008, said Passaic County Sheriff's Department spokesman, Bill Maer.