by Fred Sisto | May 21, 2022 | Blog, Criminal Law, Drug Crime, Monmouth County, New Jersey, Ocean County
On March 7, 2022, a three-judge appellate panel decided the Essex County case of State v. Barry Berry. The principal issue under N.J.S.A. 2C:35-3 concerned the adequacy of the jury instruction regarding the narcotics “kingpin” statute. Judge Susswein wrote for the...
by Fred Sisto | May 19, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
In Radel, the police executed a controlled arrest in the driveway — a distance from the home’s entrance — with watchful eyes on the front and rear doors of the house. The officers did not face a discernible threat. The officers had no specific information...
by Fred Sisto | May 17, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Albin continued in relevant part: The Court finds that, in balancing the fundamental privacy rights afforded to the home under the Fourth Amendment and Article I, Paragraph 7 of the New Jersey Constitution and the unquestionable need to ensure officer safety...
by Fred Sisto | May 15, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Albin continued in relevant part: The Court set forth a two-tiered standard governing the scope of a protective search of a residence during an in-home arrest: (1) “Officers could, as a precautionary matter and without probable cause or reasonable suspicion,...
by Fred Sisto | May 13, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: The next day, a search warrant was issued, and multiple weapons were seized from Terres’s trailer. The trial court denied Terres’s motion to suppress the evidence, and the Appellate Division affirmed. After...