On June 5, 2017, in the case of State v. Dasean Harper, Chief Justice Rabner wrote for a unanimous New Jersey Supreme Court. The Legislature passed an amnesty bill in 2013 that, “for a period of not more than 180 days from the effective date of the act,” enabled people to dispose of guns they […]
Investigative Detentions & Reasonable Suspicion: Part 4
Because it was an investigative detention from the point that Campan took those directed actions toward defendant, the Court must consider whether, based on a totality of the circumstances, the encounter was “justified at its inception” by a reasonable and articulable suspicion of criminal activity. An anonymous tip, standing alone, inherently lacks the reliability necessary […]
Investigative Detentions & Reasonable Suspicion: Part 3
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const. amend. IV; N.J. Const. art. I, ¶ 7. Warrantless searches and seizures presumptively violate those protections, but not all police-citizen encounters constitute searches or seizures for purposes of the […]
Investigative Detentions & Reasonable Suspicion: Part 2
Campan asked defendant what she was doing, and she replied that she was smoking a cigarette. Campan testified that he did not observe a cigarette or cigarette butt. Campan asked her why she began to scuffle around the passenger-seat area when he pulled his car up behind hers. Defendant replied that she had been applying […]
Investigative Detentions & Reasonable Suspicion: Part 1
On June 6, 2017, Justice LaVecchia wrote for a six to one majority of the New Jersey Supreme Court in the Monmouth County case of State v. Lurdes Rosario. In this appeal, the Court addresses whether and at what point defendant’s interaction with the police officer escalated from a field inquiry into an investigative detention. […]
Double Jeopardy: Part 4
The Court now adopts the same-elements test as the sole double-jeopardy analysis, thereby realigning New Jersey law with federal law. The same-elements test is effortlessly applied at early stages of prosecution; it is capable of producing uniform, predictable results; and it aids defendants by reducing multiple court appearances. Rule 3:15-1(b) bars subsequent prosecutions for indictable […]
Double Jeopardy: Part 3
Here, the municipal court had jurisdiction to resolve defendant’s disorderly-persons charge pursuant to N.J.S.A. 2B:12-17, and failure to join does not automatically bar subsequent prosecution. For judicial efficiency and fairness to defendants, the Court urges careful coordination between the municipal courts and county prosecutors. As a matter of fundamental fairness, the defendant should have at […]
Double Jeopardy: Part 2
On appeal, the Appellate Division remanded for a finding on the circumstances surrounding the amendment of the disorderly-persons offense. The panel noted that a plea to the original municipal charge, instead of the amended one, could have led to a different result after applying the double-jeopardy analysis. On remand, the Superior Court found no direct […]
Double Jeopardy: Part 1
On May 16, 2017, Justice Timpone wrote for a majority of the New Jersey Supreme Court in the case of State v. Rodney Miles. The case presents another example of Governor Christie’s appointees moving our state courts in a more pro-police direction at the expense of our civil liberties, with Justice Albin representing the lone […]
The Importance of Remaining Silent After Arrest: Part 3
With respect to cross-examination of a defendant on factual inconsistencies between his testimony at trial and his pretrial statement, the Court has held that “it is not an infringement of a defendant’s right to remain silent for the State to point out differences in the defendant’s testimony at trial and his or her statements that […]
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