by Fred Sisto | Nov 12, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The majority continued in relevant part: The Court reviews the origin and development of the foregone conclusion exception to the Fifth Amendment privilege against self-incrimination in Fisher v. United States, 425 U.S. 391 (1976), United States v. Doe, 465 U.S. 605...
by Fred Sisto | Nov 9, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Solomon continued in relevant part: The court also ordered that the search “be performed by the State, in camera, in the presence of Andrews’s defense counsel and the court,” with the court “reviewing the PIN or passcode prior to its disclosure to the State.”...
by Fred Sisto | Nov 6, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court Majority continued in relevant part: Lowery’s cellphone records largely corroborated his allegations. Following their second interview with Lowery, the State obtained Communication Data Warrants for cellphone numbers belonging to Andrews...
by Fred Sisto | Nov 3, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On August 10, 2020 the New Jersey Supreme Court decided the Essex county case of State v. Robert Andrews. The principal issue before the Court concerned the validity of a court order requiring the defendant to disclose his electronic passcodes. Justice Solomon wrote...
by Fred Sisto | Oct 31, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Gorsuch concluded with the following in relevant part: In the alternative, Oklahoma contends that Congress never established a reservation but instead created a “dependent Indian community.” To hold that the Creek never had a reservation would require willful...