by Fred Sisto | Mar 31, 2017 | Blog, Criminal Law, Jail Time and Probation, Laws Protecting Children
On January February 7, 2017, the New Jersey Supreme Court issued a per curiam opinion In the Matter of Registrant A.D., J.B., and C.M. The Court adopted the opinion of the lower Appellate Court and held that the commission of any criminal offense, not just sex...
by Fred Sisto | Mar 27, 2017 | Blog, Criminal Law, Know Your Rights, Monmouth County, Ocean County, Traffic Stops
To be lawful, an automobile stop must be based on reasonable and articulable suspicion that an offense, including a minor traffic offense, has been or is being committed. S.R. failed to wear his seatbelt and therefore violated the traffic code. *The stop followed the...
by Fred Sisto | Mar 25, 2017 | Blog, Criminal Law, Know Your Rights, Monmouth County, Ocean County, Traffic Stops
Defendant later moved to suppress the seized narcotics and paraphernalia; the trial court denied the motion. The court found the stop to be lawful because of the passenger’s failure to wear a seatbelt. The court also found the passenger’s removal from the...
by Fred Sisto | Mar 21, 2017 | Blog, Criminal Law, News, Warrants
On November 10, 2016, in State v. Charles, Bryant, Jr., a unanimous New Jersey Supreme Court was called upon to determine whether the circumstances supported a police officer’s determination to conduct a warrantless protective sweep in the defendant’s home....
by Fred Sisto | Mar 19, 2017 | Blog, Criminal Law, New Jersey, Warrants
The Legette Court continued: Both the Federal and New Jersey State Constitutions guarantee the right to be free from unreasonable searches and seizures. Accordingly, a lawful search must be prefaced by a warrant obtained upon probable cause unless the search falls...
