STATE v. JAMES L. LEGETTE,  441 N.J.Super. 1 (App. Div. 2015)

Washington v. Chrisman, 455 U.S. 1, 102 S. Ct. 812, 70 L. Ed. 2d 778 (1982), and State v. Bruzzese, 94 N.J. 210, 234 (1983), cert. denied, 465 U.S. 1030, 104 S. Ct. 1295, 79 L. Ed. 2d 695 (1984), allow the police to accompany arrestees who want to go into their residence to retrieve identification or personal items. We hold the same is true in a valid investigatory stop based on reasonable suspicion, at least if the officer has a reasonable belief that the detainee is armed and dangerous. In that situation, accompaniment by the officer is reasonable to avoid the possible danger to the officer and risk of escape if the detainee is allowed to go into the residence unaccompanied. If the detainee decides not to enter the residence once he learns he will be accompanied, the officer may not enter without satisfying the warrant requirement or an exception.


If the detainee seeks to conceal evidence while in the residence, the officer may prevent the concealment, and secure the evidence.