On March 22, 2019, a three-judge appellate panel decided the Camden county case of State v. B.A. The principal issue was whether New Jersey’s stalking statute is unconstitutionally overbroad or vague. Judge Suter held in relevant part as follows. Defendant challenges...
Know Your Rights
Obstructing The Administration of Law (Part 5)
Justice Timpone continued: The State argues that the failure to remove the lock here was analogous to conduct that we found violative in State v. Lashinsky (1979). In that case, we addressed a defendant's conviction for disorderly conduct for disobeying an officer's...
Obstructing The Administration of Law (Part 4)
The Court continued: The appellate panel relied heavily on Reece, but we find the conduct at issue in that case distinguishable from Fede's refusal to unchain his door. In Reece, officers responded after receiving a dropped 9-1-1 call originating from Reece's home....
Obstructing The Administration of Law (Part 2)
The Supreme Court continued: Questions of statutory interpretation are legal ones. Our review of a trial court's legal conclusions is de novo and "unconstrained by deference to the decisions of the trial court or the appellate panel.” Principles of statutory...
Obstructing The Administration of Law (Part 1)
On March 12, 2019, the New Jersey Supreme Court decided the Bergen County case of State v. Andrew Fede. The principal issue was whether the defendant could be convicted of obstructing the administration of law for failing to obey a lawful police order to allow entry...
Suspicionless Dog Sniffs
On June 10, 2017, the New Jersey Supreme Court decided State v. Dunbar. The unanimous decision overturned state precedent requiring reasonable suspicion of contraband before police can deploy a canine sniff. Suspicionless canine sniffs are now permitted in New Jersey...
Upskirting And Invasion Of Privacy
On August 31, 2017, a three judge Appellate panel decided the case of State v. Joshua Nicholson. The panel included former Monmouth County Criminal Presiding Judge Francis Vernoia. A principle issue in the case was whether taking a picture of a woman up her skirt...
Difference Between Gun Offense Amnesty & Immunity: Part 4
In State in Interest of C.L.H.'s Weapons, (App. Div. 2015), the panel stated that "any voluntary surrender under the amnesty law" had to comply with N.J.S.A. 2C:39-12, which requires a person to provide written notice to law enforcement before authorities file any...
Difference Between Gun Offense Amnesty & Immunity: Part 3
The New Jersey Supreme Court held that the amnesty law did not afford defendants blanket immunity for the entire amnesty period. Reading the law in that way would lead to absurd results that the Legislature did not intend. Instead, the law created a period of no more...
Difference Between Gun Offense Amnesty & Immunity: Part 2
Defendant moved to dismiss the indictment relying, in part, on the Florida permit to claim an exemption from prosecution. Defense counsel represented that defendant lived and worked in Pennsylvania and passed through New Jersey to make a delivery for his job. The...