US Supreme Court: Evidence Found After Illegal Stop is Admissible

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On June 20, 2016, the United States Supreme Court decided Utah v. Strieff. In this case, Officer Fackrell was conducting surveillance on a home looking for drug activity. He observed the defendant Edward Strieff leave the home and stopped him … Continued

Can You Be Guilty of Leaving the Scene of an Accident Without Making Contact?

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In a case of first impression, the New Jersey Appellate Division upheld the defendant’s conviction of leaving the scene of an accident even though the defendant may not have actually made contact with the victim. In State v. Sene, the … Continued

Appellate Division Upholds Denial of Motion to Suppress

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On October 14, 2015, the Appellate Division of New Jersey decided the case of State v. Beerle. This case involved a traffic stop that resulted in the defendant being charged with possession of heroin under N.J.S.A. 2C:35-10(a)(1). The defendant argued … Continued

Appellate Division Vacates Rejection of Pre-Trial Intervention

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On September 20, 2012, pursuant to a negotiated plea agreement, defendant Eager pleaded guilty to one count of fourth-degree possession of marijuana. The prosecutor withheld consent for Pre-Trial Intervention (PTI) on several grounds: (1) the nature of the offenses; (2) … Continued

NJ Supreme Court Upholds Search and Overturns Pena-Flores

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On September 24, 2015, the New Jersey Supreme Court issued a ruling in State v. Witt which overturned the Court’s previous ruling in State v. Pena-Flores regarding police searches of automobiles. In State v. Pena-Flores, the defendant was placed under … Continued

Warrantless Entry Permissible Under Emergency-Aid Doctrine

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On July 20, 2015, in State v. Reece, the New Jersey Supreme Court ruled that the emergency-aid doctrine justified the officer’s warrantless entry into the defendant’s home. One exception to the warrant requirement set forth by the Fourth Amendment of … Continued

Odor of Marijuana and Probable Cause

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On September 8, 2015, the Appellate Division of New Jersey decided the case of State v. Myers. In this case, the defendant was arrested for a marijuana offense. The defendant tried to argue that since medical marijuana is now allowed … Continued

What is the Twenty Minute Observation Period?

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Many people who have been charged with DWI ask about the twenty minute observation period. They have heard that the Alcotest operator must give the arrestee a twenty minute period before his or her breath is tested. This requirement comes … Continued

NJ Supreme Court Overturns Murder and Manslaughter Convictions

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On August 17, 2015, the New Jersey Supreme Court overturned the murder and manslaughter convictions in State v. Michael A. Maltese. In this case, the defendant was accused of killing his parents. The defendant was read his Miranda rights and … Continued

Governor Signs Domestic Violence Crackdown Law

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On August 10, 2015, Governor Christie signed a new law regarding those faced with domestic violence charges in New Jersey. The new law requires a defendant to plead guilty before entering a pretrial program. Previously, a guilty plea was not … Continued

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