The New Jersey Supreme Court decided State v. Rosario on June 6, 2017. The case is important because, among other things, it discusses and distinguishes between the two most common types of police-citizen encounters, which are field inquiries and investigative detentions. The facts are uncomplicated. Police received an anonymous tip…
50 years ago last week, the United States Supreme Court decided In re Gault, which guaranteed juvenile defendants many of the same due process rights held by adult criminal defendants. For the first time, a Court held that juvenile matters are, in fact, adversarial criminal proceedings, and that juvenile criminal…
In State v. Robinson, decided on May 1, 2017, the New Jersey Supreme Court considered the extent to which the “protective sweep” doctrine, which is an exception to the warrant requirement, applies to a police search of the passenger compartment of a vehicle during a traffic stop. In Robinson, an…
In Atkins v. Virginia, 536 U.S. 304 (2002), and Hall v. Florida, 572 U.S. _____, the United States Supreme Court held, among other things, that states cannot execute someone who is mentally disabled. The Court also left to the states the task of determining whether a death row inmate has…
While investigating a noise complaint at an apartment complex, an officer observed James Legette standing on a common porch. The officer approached and Legette partially opened a door leading into his area. The officer then smelled burnt marijuana, entered the porch area, and identified himself as an officer. As Legette…
State v. Bryant, a recent search and seizure case, discusses the factual predicate necessary to justify a protective sweep of a home. Officers went to defendant’s home in response to a domestic violence report. A woman had called the police, stated that she had been assaulted there, and was now…
The Fourth Amendment to the United States Constitution, as well as the analogous provisions of New Jersey state law, set rules concerning the manner in which officers can search a person, and/or their home, office or vehicle. This body of law plays a central role in maintaining personal liberty and…
Every participant in a jury trial has a defined role. The judge manages the trial and acts as a judge of the law. S/he will rule on legal issues that arise during pre-trial proceedings, supervise jury selection, rule on issues of law that arise during trial, instruct the jury on…
Clients often attempt to articulate facts substantiating a violation of their constitutional rights. Sometimes, the client’s description of the relevant facts can be used to at least articulate a legal basis for such a violation. More frequently, however, the client’s description bears little, if any, relation to a constitutional violation. …
On July 2, 2009, at 11:30 pm, a car pulled up next to a woman who was walking to her home in Jersey City. The passenger got out, approached her, tapped her hip with a gun, and asked for her phone. The woman surrendered her purse which contained her phone…