by Fred Sisto | Apr 3, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Rabner continued in relevant part: Based on the language and structure of the relevant statutes, the State’s request for information from users’ accounts invokes heightened privacy protections. The nearly contemporaneous acquisition of electronic...
by Fred Sisto | Apr 1, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 29, 2023, the New Jersey Supreme Court decided the consolidated Mercer and Atlantic County cases of Facebook v. State of New Jersey. The principal issue before the Court concerned whether a wiretap order was required to compel Facebook to disclose user account...
by Fred Sisto | Mar 30, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The United State Supreme Court majority concluded with the following in relevant part: Since “encourages or induces” draws on the same common-law principles, clause (iv) also incorporates a mens rea requirement implicitly. Finally, it bears emphasis that the canon of...
by Fred Sisto | Mar 28, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court majority continued in relevant part: Statutory history is an important part of the relevant context. When Congress enacted in 1885 what would become the template for clause (iv), it criminalized “knowingly assisting, encouraging or soliciting”...
by Fred Sisto | Mar 26, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The United States Supreme Court majority continued in relevant part: Neither requires lending physical aid; for both, words may be enough. And both require an intent to bring about a particular unlawful act. The terms “encourage” and “induce,” found in clause (iv),...