by Fred Sisto | Jun 25, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Fasciale concluded with the following in relevant part: The Court notes that the circumstances giving rise to probable cause here included a sequence of interconnected events that began with the information Sutter received from a concerned citizen two months...
by Fred Sisto | Jun 23, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued: To overcome the presumption under both the United States and the New Jersey Constitutions that a warrantless search is invalid, the State must show by a preponderance of evidence that the search falls within one of the...
by Fred Sisto | Jun 21, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Fasciale continued: Considering the information from the CI and the concerned citizen, Taranto’s investigation, and the surveillance by Taranto and Sutter, Officers Taranto and Sutter determined they had reasonable and articulable suspicion to perform an...
by Fred Sisto | Jun 19, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On March 8, 2023, the New Jersey Supreme Court decided the Ocean County case of State v. Kyle A. Smart. The principal issue concerned whether the circumstances giving rise to the probable cause vehicle search were “unforeseeable and spontaneous.” Judge Fasciale wrote...
by Fred Sisto | Jun 17, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb concluded with the following: Lastly, at oral argument, this Court specifically pressed the State whether it had empirical evidence to suggest that concealed carry permit holders are responsible for gun crimes or an increase in gun crimes in New Jersey,...