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 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…
Law enforcement agencies that investigate child pornography cases face special technological challenges when tracking the distribution of contraband on the Internet, and then in building a case against a specific defendant. A case in point is “Dreamboard”, an online bulletin board that advertised and distributed child pornography. Dreamboard users employed…
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 State v. Bacome, decided January 31, 2017, two Woodbridge detectives observed the defendant-driver and a passenger in a Ford Bronco. The passenger, who was in the front seat, was later identified as the vehicle’s owner. The detectives claimed that both men were known drug dealers. They followed the Bronco…
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…
On December 2, 2015, the New Jersey Supreme Court decided State v. Watts. This decision, coming on the heels of the late-September decision of State v. Witt, may suggest a continuing erosion of a criminal defendant’s constitutional right to be free from unreasonable searches and seizures. The police obtained a…