Appellate Division Upholds Refusal Statement

On January 27, 2016, the Appellate Division of New Jersey decided State v. Quintero. In this case, the defendant pled guilty to driving while intoxicated (N.J.S.A. 39:4-50) and refusal to submit to a breath test (N.J.S.A. 39:4-50.4a). Her attorney, Greggory … Read More

Warrantless Entry Permissible Under Emergency-Aid Doctrine

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 … Read More

Odor of Marijuana and Probable Cause

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 … Read More

Traffic Stop Justified As Long As Officer Acts Reasonably

The United States Supreme Court ruled in Heien v. North Carolina that a police officer’s misunderstanding of the law does not make a traffic stop illegal. In this case, the police officer pulled the defendant over for a broken brake … Read More