Every New Jersey resident knows about the importance that driving plays in everyday life in the State. Free and easy access to a car is a prerequisite to many daily activities. At the same time, motor vehicle infractions are a common occurrence in the State. Most New Jersey drivers will…
Earlier this year, the US Supreme Court handed down its decision in Paroline v. United States. The decision instructs district courts to adopt a common sense approach in computing restitution awards in child pornography cases. Paroline pleaded guilty to possessing images of child pornography downloaded from the internet, which included…
The New York Times recently published an article entitled “Final Word on U.S. Law Isn’t: Supreme Court Keeps editing.” (5/24/14) Although it appears in the ostensibly “popular” press, every attorney needs to read this article and consider what it means for their practice. Everyone relies heavily on Supreme Court opinions. …
On June 25, 2014, the US Supreme Court released its decision in Riley v. California and the companion case of US v. Wurie. The Court held that the police may not search digital information on a cell phone that was seized from an individual in reliance on the “search incident…
In Atkins v. Virginia, the US Supreme Court held that the federal Constitution barred the execution of defendants with intellectual disabilities. Based upon Atkins, Freddie Lee Hall moved before the Florida courts for an order vacating his capital sentence because he had an IQ test score of 71. By and…
The New Jersey Supreme Court recently decided two cases that comment on the United States Supreme Court’s decision in Fernandez v. California. These cases are important to understand the latest New Jersey developments in the important area of consent searches, and should be read carefully by all defense attorneys. State…
Michael McGovern applied for a Firearms Purchaser Identification Card (“FPIC”) and Handgun Purchase Permit (“HPP”) in Jersey City. McGovern completed all of the standard application forms required by the New Jersey State Police. Apparently, the State Police forms, which are required and authorized by statute, were not sufficient for the…
Two recent decisions from the United States Court of Appeals for the Ninth Circuit send conflicting messages on gun rights. In the earlier case, San Diego County required applicants for a concealed carry permit to show good cause for carrying a concealed weapon. It was the County’s position that a…
Six Passaic County residents were arrested recently and charged with staging automobile accidents. The State is alleging that their actions defrauded two insurance companies out of approximately $78,000.00, in connection with accidents that occurred on or about April 29 2009. According to the State, four of the six suspects were…
Generally speaking, consent searches are on the long list of unwanted events that create additional hurdles to mounting an effective defense in any criminal case. Fernandez v. California, decided by the U.S. Supreme Court on February 25, 2014, exacerbates these problems. Fernandez, a suspect in a violent robbery was seen…