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…
We all have the experience every time we shop online. Once we view or purchase an item on a particular website, ads for that site pop up everywhere we go online. Online sellers are tracking our search habits so as to market and sell their merchandise. We are, in fact,…
This blog has previously addressed the fact that the statistics describing the state of the juvenile justice system in this country are alarming. About 53,000 juveniles are incarcerated on any given day in the United States. Many jurisdictions report recidivism rates exceeding 50% during a one to three year period. …
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…
What is drug addiction? How is it to be defined? Is it some sort of disease, or just another form of illegal conduct? Commonwealth v. Eldred, a case now before the Massachusetts Supreme Judicial Court, may soon provide guidance on these issues. This case is important for any criminal attorney…
Legislation governing the ownership and use of firearms, and the operation of gun shops, typically originates on the federal and/or state level. As any New Jersey gun owner knows, our State already has some of the most restrictive gun laws in the country. Certain cities and towns in different states…
The New Jersey Supreme Court recently approved a warrantless search of a vehicle’s glove box for registration and related documentation. In doing so, the Court set parameters for when such a search will be constitutionally valid. Defendant’s truck ran a traffic control and almost hit a police car. The officer…
A defendant has the right to address the court at sentencing. Such statements are offered in mitigation of punishment, and typically include acceptance of responsibility and/or some showing of remorse for the underlying conduct. The New Jersey Supreme Court recently addressed the parameters of this right in State v. Jones. …
An inventory search is a narrow exception to the Fourth Amendment warrant requirement. This search occurs after a defendant is arrest, but before incarceration. Briefly, the police are allowed to search the defendant/arrestee without a warrant and inventory the property in their possession. The goals of this search are to…
A state trooper stopped a vehicle on I-295 in Burlington County. The basis for the stop was a damaged tail light. The vehicle, which also changed lanes without signaling, had three occupants – the driver, a front-seat passenger, and a six-year-old child in the back seat. The trooper smelled burnt…