The new marijuana legalization/decriminalization laws raise many questions that will be answered only with the passage of time and experience. Here are some responses to certain questions that will probably arise very quickly: What should an officer do if they smell marijuana coming from a vehicle during a motor vehicle…
State v. Nyema, a recent Appellate Division decision, is important because it helps to set parameters for what constitutes a sufficient basis for an investigatory stop. The case arose from a convenience store robbery. The police had information that the robbery was committed by two black males who fled on…
Gun owners must always remember that the issuance of a domestic violence temporary restraining order, or TRO, can result in at least a temporary seizure of their weapons and firearms purchaser identification card. On the surface, the typical chain of events is fairly straight forward. A member of the same…
The ability of law enforcement to access the cell phone content of a criminal defendant has received considerable attention in recent years. The issue has been the same in case after case. If the cell phone is seized as part of an investigation, the security settings, such as passcodes, shield…
Anyone who has been following the news over the past few months understands that serious instances of police misconduct have occurred (and continue to occur) throughout the country. The manner in which the police have handled George Floyd, Rayshard Brooks, and the protesters in Washington DC and Portland, Oregon, to…
We frequently handle cases where the discovery states that law enforcement has identified our client as being gang-affiliated. Police agencies frequently collect information on individuals who they think are gang-involved and enter it into a database, which is then used to investigate criminal activity. Recent experiences in California, however, demonstrate…
Formal criminal proceedings in indictable (felony) matters begin with a prosecutor’s presentation of the State’s case to a grand jury. A grand jury consists of a body of 23 citizens who listen to the State’s witnesses and review any documents or other materials the State wishes to display, and then…
Last week, the New Jersey Supreme Court handed down its decision in Matter of Registrant HD/Matter of Registrant JM. This decision is important for anyone seeking relief from their Megan’s Law and/or CSL/PSL obligations. One of the requirements for relief from Megan’s and CSL/PSL is that the defendant must have…
Juveniles who have been taken into custody in connection with a criminal charge present special procedural issues. Ideally, a parent or guardian has to be present before the police can question them. Alternatively, the police have to show that they used their best efforts to contact a parent or guardian…
Two issues regarding the right to privacy, and its potential impact on criminal cases, appeared in the news recently. These issues have no relationship to each other, but can both be highly relevant to criminal cases. The first involves a your man who was living alone in a South American…