Consent
Warrantless home search and CONSENT? | State v. Coles | State v. Lamb
Submitted by New Jersey Criminal lawyer, Jeffrey Hark. Warrantless Search and Consent Most households in New Jersey are occupied by more than one person who exercise control over the premises, which begs the question of who can grant consent to conduct a warrantless search. Two cases were decided May 19th by the N.J. Supreme Court…
Read MoreConsent to Search a Home without Exclusive Access and Control of Property
NEW JERSEY CRIMINAL LAW 14-2-2622 State v. Cushing, App. Div. (per curiam) (26 pp.) There are two key issues in this case. The first is the ability of an owner of a property (or their ‘attorney in fact’ agent) to give consent to the police to search a home which they do NOT have exclusive access and…
Read MoreConsent to Search
Posted by: New Jersey Criminal Lawyer, Jeffery Hark Under Article I, paragraph 7 of the New Jersey State Constitution. the validity of a consent to a search must be measured in terms of waiver. State v. Johnson, 68 N.J. 349, 353-54 (1975). “Where the State seeks to justify a search on the basis of consent…
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