Statements to law enforcement are a routine part of many criminal investigations. The atmosphere in which a statement is taken is pretty grim. A suspect is placed in an interview room which, in itself, is an inherently coercive environment. These rooms are typically small and engender a sense of being…
We are in the midst of the midterm elections, and abortion was a central issue because of the Supreme Court’s overturning of Roe v. Wade. This was obviously on the front burner this election season because of the effect on reproductive and privacy rights. But the overturning of Roe presents…
Many attorneys – both defense attorneys and prosecutors – will knowingly try to introduce objectionable material at trial. The reason for this is simple. The attorney believes that the jury has to hear it. It makes a difference in their case, and the effort to introduce it is strategic. Even…
Last year, in State v. RG, our Appellate Division addressed the issue of whether a criminal defendant who is not mentally competent can be involuntarily medicated to restore their competency so that they can proceed with their case. This was the first time a New Jersey appellate court addressed this…
Our Supreme Court decided State v. Brown on February 4, 2019. The case is very significant because it addresses the ongoing issue of the State’s obligation to produce discovery in a timely manner. The facts surrounding the discovery violation and its ramifications in this case are somewhat complex. Suffice it…
The face of the United States Supreme Court has changed considerably in a relatively short time. Two very conservative judges – Brett Kavanaugh and Neil Gorsuch – have now joined the bench. At least in some circles, it was believed that Gorsuch’s appointment would not have a monumental impact since…
The United States Supreme Court decided Carpenter vs. United States on June 22, 2018. This is a major Fourth Amendment decision which requires law enforcement to obtain a warrant to get cell phone service provider records that can show a user’s movements. The broad facts of the case are not…
Generally speaking, there are two broad categories of searches. Either a search can be made with a search warrant, or it can be warrantless. Our law prefers searches that are made pursuant to a warrant. A warrantless search will be valid only if the search and seizure activities fall within…
Our personal information is constantly being collected by third parties without our realization. Every time we use one of our devices, we expose personal details and information to collection by any number of entities that use the data for various purposes. Privacy is clearly on the decline as the use…
The last United States Supreme Court term ended with some noteworthy criminal decisions. One of these was Jae Lee v. United States, decided on June 23, 2017. This is the latest case from the High Court to address the issue of effective assistance of counsel in the context of a…