Background: Defendant was convicted of reckless manslaughter, aggravated assault, and three weapons offenses. He appealed. The Superior Court, Appellate Division, reversed and remanded for a new Wade hearing on whether an eyewitness identification was reliable despite an identification procedure that was presumed to be impermissibly suggestive. The state filed a petition for certification. The Supreme…
The Supreme Court issued a joint order today in four combined cases that sought to have the court do a back flip on Pena Flores. The State alleged that Pena Flores has been too big a burden on law enforcement and has resulted in less detection of criminal conduct. They supported this with NJSP data.…
DeShazo was arrested in Egg Harbor Township driving a car with Virginia plates and a broken out rear window. The officer thought the car might be stolen but could not immediately confirm it. The officer was told that DeShazo was the victim of a shooting and kept a weapon in the center console of his…
The Appellate Division decided yesterday, in the matter of State v. Heine, that a when a property owner refuses to permit access to a residence for inspection by local officials, the proper remedy is for the municipal inspectors to secure an administrative search warrant. The court ruled refusing access does not constitute a violation of…
Shannon was stopped in a high-crime area for speeding and running a red light. Four police officers were present. They smell of marijuana was emanating from the car. When Shannon exited the car, they patted him down, searched inside the car where they found crack cocaine, cocaine and marijuana. They arrested Shannon, handcuffed and placed…
This week the New Jersey Appellate Division ruled that when a defendant is sentenced to consecutive sentences as a result of two separate charges in one indictment, for separate offenses arising out of the same set of circumstances, the trial court did not abuse its discretion and require two separate periods of parole ineligibility. In…
Shannon was stopped for speeding. As the trooper approached the car, he could smell marijuana. Another trooper arrived as backup and the car was searched revealing a large quantity of marijuana, cocaine and heroin. Defendant was then placed under arrest, given his Miranda rights, and placed in the back of the police car. The trial…
Sexual Assault Charges in New Jersey Ineffective –Assistance Finding Is Held Basis for Legal Malpractice Judgment As re-posted from, New Jersey Law JournalMary Pat GallagherJanuary 19, 2012 A former client of the Public Defender’s Office won summary judgment in a malpractice suit after a Mercer County judge gave collateral-estoppel effect to a finding that he…
All internet service providers are required to keep a list for law enforcement to obtain of every person that is assigned at very unique and specific IP address for the computers that are provided internet services. This process was created for unique billing for the computer IP companies. However, the unique IP address also enable…
(Decided January 23, 2012) The US Supreme court has held that the attachment of GPS tracking devise on a vehicle travelling on the public highways is considered a search subject to 50 years of search and seizure case law. Accordingly, with out a warrant executed by a neutral and detached magistrate, the use of same…