The Supreme Court of New Jersey recently reversed the judgment of the Appellate Division in a drug possession case that highlighted an important question about search and seizure laws: At what point does a field inquiry escalate into an investigative detention?
Criminal lawyer
NJ Supreme Court Makes it Clear When a Police Stop Becomes Detention
Newark, NJ- New Jersey Supreme Court justices recently decided a case that challenged the difference between a police stop and detention. In the case, State of New Jersey vs. Lurdes Rosario, which was decided on June 6, 2017; the New Jersey Supreme Court was asked to make clear when an officer’s field inquiry transitions into an investigative detention in criminal cases. The distinction is important because the individual subjected to a field inquiry should feel free to leave whereas someone subject to detention should be informed of their Miranda rights.
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NJ Supreme Court Narrows Double Jeopardy Rules
Newark, NJ-In a recent ruling, the New Jersey Supreme Court narrowed the state’s double jeopardy rules, making it harder to prove in criminal cases in which a defendant is facing multiple charges for related offenses. The ruling in State vs. Rodney J. Miles, which was decided on May 16, 2017, will now bring New Jersey’s double jeopardy rules more in line with federal law.
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Courts Confused About Marijuana DWI Standards
Elizabeth, NJ- Legalization of marijuana for medical and recreational use is spreading across the U.S. Eight states, and Washington D.C. have already legalized marijuana for recreational use, and 28 states including New Jersey allow medical marijuana sales. Even as marijuana legalization is growing; there is still confusion about when a pot user is too high to be driving and when they should be charged with DWI.
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NJ Supreme Court Clarifies When Warrantless Searches of a Detainees Home is Allowed
Jersey City, NJ- If New Jersey police want to search a person’s home, by law they must have a warrant or satisfy one of the exceptions to the warrant requirement. Federal and state courts are regularly asked to clarify when a warrantless search of a person or their property is allowed by federal and state law. In a recent case, the New Jersey Supreme Court was asked to determine when a warrantless search of detainee’s home is allowed under state law.
Essex County Police Receive Grant for Body Cameras
Newark, NJ- A federal grant awarded to the New Jersey State Attorney General’s office will be distributed to several municipalities to purchase body cameras for law enforcement officers. Three towns in Essex County will receive the funds to support dozens of cameras.
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