by Fred Sisto | Dec 2, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: The Court does not find merit in the bulk of the remaining challenges but explains that one claim requires more careful attention: Officers subjected to major discipline for the past twenty years say they were...
by Fred Sisto | Dec 1, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Rabner continued in relevant part: The court concluded that the Attorney General had the authority to issue the Directives and found that the Directives did not conflict with the Open Public Records Act (OPRA) or other authorities relating to the...
by Fred Sisto | Nov 30, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 7, 2021, the New Jersey Supreme Court decided the statewide case of In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6. The principal issue concerned whether the Attorney General exceeded his authority in mandating the release of the...
by Fred Sisto | Nov 29, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court concluded with the following in relevant part: By any objective measure, from the moment defendant left the hospital, he was in a continued state of law enforcement custody. As a result, the detectives should have given defendant Miranda...
by Fred Sisto | Nov 28, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: Pursuant to the facts of this case, a reasonable 17-year-old in defendant’s position would have believed he was in custody and not free to leave, so Miranda warnings were required. It was harmful error to admit...