Tag Archives: Search & Seizure Attorney

Court finds drugs seized during Monmouth County raid inadmissible

In State v. Rockford, 2011 N.J. Super. Unpub. LEXIS 2151 (Aug. 9, 2011), the New Jersey Appellate Division reversed a Monmouth County man’s convictions for possession of marijuana and possession with intent to distribute marijuana and other drugs because the … 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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Ecstasy found in Monmouth County college student’s bedroom held inadmissible by New Jersey appeals court

Violations of the Fourth Amendment’s prohibition against unreasonable searches and seizures, as well as the corresponding provision in the New Jersey constitution, can sometimes result in drug possession charges being thrown out completely. This was the result in State v. … Continue reading

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DUI charges in Hamilton, Mercer County

The mayor of Hamilton, Mercer County, recently called township police to report that his car had almost been struck by a drunk driver. Police then arrested the driver at his home, despite there being no accident and no observation by … 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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Search incident to arrest

One of the more common defenses to charges of DWI/DUI or possession of an illegal substance is the assertion that a defendant’s constitutional rights have been violated. The police have a very specific set of rules they need to follow … 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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