Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Attenuation and the Exclusionary Rule (Part 3)

November 22, 2018 by Fred Sisto

Attenuation and the Exclusionary Rule (Part 3)

The Court continued: One recognized exception to the warrant requirement is the presence of exigent circumstances. To invoke that exception, the State must show that the officers had probable cause and faced an objective exigency, of which police safety and the preservation of evidence remain the preeminent determinants. For a “hot pursuit” to justify an exception to the warrant requirement, officers must have had probable cause and have been in immediate or continuous pursuit of the suspect from the scene of the crime. Because the “hot pursuit” doctrine is a subset of the exigent-circumstances exception, the touchstones that would justify a warrantless entry remain the possible destruction of evidence and the threat of violence by the suspect. In State v. Bolte, hot pursuit could not justify the police entry when the defendant was unarmed and the police had no reason to believe he posed a danger or would destroy evidence—a justification usually reserved for narcotics cases.  115 N.J. 579, 593-94 (1989).

Here, the Court does not need to consider whether the officer’s pursuit of defendant, facilitated by his use of the Find My iPhone application, falls within the purview of the hot pursuit doctrine because the doctrine does not apply for other reasons. The State failed to prove that the police had any basis to believe defendant would injure anyone inside the house or the officers themselves, so that waiting to obtain a warrant would have been unreasonable. Likewise, the State did not show that the officers had any reason to believe that defendant would (or could) destroy the phone. Neither exigency nor the hot pursuit doctrine justified the officers’ warrantless entry here.

The Court’s analysis highlights the importance of having a trial attorney with appellate practice experience. The likely reason that the State failed to lay the foundation for a finding of “hot pursuit” is the prosecutor’s failure to ask the right questions at the suppression hearing.

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Testimonials

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   
See More Testimonials

Recent Posts

  • Law Enforcement and Administrative Functions (Part 3)
  • Law Enforcement and Administrative Functions (Part 2)
  • Law Enforcement and Administrative Functions (Part 1)
  • The Juvenile Waive Statute and Retroactivity (Part 3)
  • The Juvenile Waive Statute and Retroactivity (Part 2)
  • The Juvenile Waive Statute and Retroactivity (Part 1)
  • Plain View and Lawful Vantage Points (Part 3)
  • Plain View and Lawful Vantage Points (Part 2)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY