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Search Warrants and Hospitals (Part 1)

Search Warrants and Hospitals (Part 1)

by Fred Sisto | Aug 17, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On March 5, 2024, the New Jersey Supreme Court decided the Camden County case of State v. Shlawrence Ross. The principal issue concerned the propriety of the issuance of a warrant to search a hospital for a bullet that was removed from the defendant during surgery....
Physical Evidence and Reciprocal Discovery (Part 3)

Physical Evidence and Reciprocal Discovery (Part 3)

by Fred Sisto | Aug 15, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

In this matter, neither party disputes that defense counsel played no role whatsoever in the genesis of Zay’s affidavit. The affidavit’s creation was allegedly the result of a kidnapping and witness intimidation plot for which defendant and two other individuals have...
Physical Evidence and Reciprocal Discovery (Part 3)

Physical Evidence and Reciprocal Discovery (Part 2)

by Fred Sisto | Aug 13, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The sought-after affidavit is physical evidence of the crimes of witness tampering and kidnapping for which defendant and others have been charged. It is therefore subject to reciprocal discovery under Rule 3:3-13(b)(2)(B) and (D). Rule 3:13-3 codifies New Jersey’s...
Physical Evidence and Reciprocal Discovery (Part 3)

Physical Evidence and Reciprocal Discovery (Part 1)

by Fred Sisto | Aug 11, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On March 5, 2024, the New Jersey Supreme Court decided the case of State v. Isaiah J. Knight. The principal issue concerned the circumstances under which the defense can be compelled to turn over reciprocal discovery to the prosecution. Justice Pierre-Louis, my...
Property Forfeiture and Due Process (Part 3)

Property Forfeiture and Due Process (Part 3)

by Fred Sisto | Aug 9, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Justice Kavanaugh concluded with the following in relevant part: Similarly, petitioners’ contention that Mathews v. Eldridge, 424 U. S. 319, should govern petitioners’ request for a preliminary hearing fails given that this Court decided $8,850 and Von Neumann after...
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