Illegal Search When Police Did Not Get a Warrant Before Searching a Decrepit Building
Legal Blog

On January 29, 2014, the New Jersey Supreme Court decided State v. Derrick Brown, finding that a decrepit house in Camden is not automatically abandoned and the police need a warrant to search the house. In this case, the State Police had been conducting a narcotics investigation of possible drug sales occurring at 820 Line

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“Official Misconduct” for Volunteer Firefighter Who Called In False Alarms = 8 years Prison
Legal Blog

A troubling case expanded the reach of “official misconduct” to a volunteer firefighter in State v. Quezada, 402 N.J. Super. 277 (App. Div. 2008). This defendant had just begun volunteering as a firefighter with the Prospect Park Volunteer Fire Department in 2003. He started the fire academy in June and graduated in October. Around that

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WHAT IS EXPUNGEMENT OF A CONVICTION?
Legal Blog

Question 20 on the employment application says, “Have you ever been convicted of a crime?” You know that when you mark yes, the job is gone. A person with an expungement may mark … No. Each day that you have a criminal conviction in your past, you are losing opportunities for your future. The conviction

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Volunteer Firefighter Convicted of “Official Misconduct” for Making False Alarms – 8 years in Prison
news

A troubling case expanded the reach of “official misconduct” to a volunteer firefighter in State v. Quezada, 402 N.J. Super. 277 (App. Div. 2008). This defendant had just begun volunteering as a firefighter with the Prospect Park Volunteer Fire Department in 2003. He started the fire academy in June and graduated in October. Around that

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U.S. Supreme Court says to police who want to search a cell phone: “Get a warrant!”
news

A unanimous United States Supreme Court ruled that police must obtain a warrant to search the information on a suspect’s cellphone, in Riley vs. California. Chief Justice Roberts wrote the final sentence of the decision to leave no doubt about the instructions from the Supreme Court: “Our answer to the question of what police must

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What is private about cell phone information?
news

The United State Supreme Court Justices – average age is 68 – just schooled everyone about the quantity of data stored on your cell phone. In Riley vs. California, the Supreme Court ruled that the police need a warrant before searching the data inside a smart phone because the data would contain vast archives of

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Historical Basis of the Fourth Amendment
news

Our Fourth Amendment to the Constitution protects the rights of peoples, as follows: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the

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DUI Conviction Upheld When Police Fail To Read Warnings
news

Today, in State v. Pedro Peralta, A-5761-12 (Decided October 31, 2014), the New Jersey Appellate Division issued a published opinion upholding the conviction for Driving under the Influence (DUI), when the police failed to read the required statutory warnings. This decision rejected a prior contrary decision. The three-judge panel upheld the defendant’s conviction for a

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Appellate Panel Allows Trial Court to Delay Ruling on Prior Crimes Evidence until after Defendant Testifies
news

On December 24, 2014, the Appellate Division allowed — for the first time in New Jersey — a trial judge to wait to decide on the prosecutor’s request to admit evidence of another crime until after the defendant testified. Ultimately, the defendant decided not to testify since she did not know if evidence of another

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DUI on a What?!?
news

Recent News stories have brought up the topic of alternatives to cars that have resulted in DUI Arrests. For example: Man arrested for DUI after stealing golf cart from Rose Bowl CBS Sports reported that a 19-year-old man was arrested on suspicion of DUI after driving a stolen Rose Bowl golf cart onto a freeway

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