Category Archives: Search & Seizure Law

Evidence Obtained Through Illegal Search Held Inadmissible by New Jersey Supreme Court

The New Jersey Supreme Court ruled in December that police violated a defendant’s Fourth Amendment rights by subjecting him to an investigatory detention based solely on the fact that he was the same race as the man the police were … Continue reading

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Warrantless use of suspect’s cell phone data upheld by New Jersey court

In State v. Earls, the New Jersey Appellate Division upheld a conviction for burglary, theft of movable property, receiving stolen property, and marijuana possession, despite the defendant’s claims that the police conducted unlawful search and seizures. The court’s decision to … Continue reading

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The no-knock search warrant provision

Generally, both the Fourth Amendment, which protects individuals against unreasonable search and seizures, and the laws of New Jersey require police to knock and announce their presence at a home or dwelling before executing a search warrant. This is commonly … Continue reading

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New Jersey court allows warrantless automobile searches

New Jersey is one of the few states that allows police to search cars based on warrants obtained over the telephone or through other electronic devices. The recent cases of State v. Pena-Flores and State v. Fuller state that changes … Continue reading

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