by Fred Sisto | May 20, 2015 | Blog, Criminal Law, News
As mentioned in the boater’s rights blog, the New Jersey State Constitution provides the ceiling of our rights, while the United States Constitution provides the floor. Put another way, police in all 50 states cannot violate the rights protected by the federal...
by Fred Sisto | May 10, 2015 | Blog, Criminal Law, Warrants
This brings us to Alito’s dissent. He begins with some vague language that search warrants are “normally drafted by nonlawyers in the midst and haste of a criminal investigation” and cites to United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct....
by Fred Sisto | Apr 26, 2015 | Blog, Criminal Law, Interrogation, Know Your Rights, News
In Doe v. Groody, decided on March 19, 2004, the majority held that it was clearly established that unless a search warrant specifically incorporates a police officer’s sworn statement (the affidavit) made at the time that a warrant is requested, the scope of...
by Fred Sisto | Apr 10, 2015 | Blog, Criminal Law, Jail Time and Probation, News
I contested a motion to suppress physical evidence in the case of State v. Xiomara Gonzales from January through May of 2011. After the trial court denied my motion, an appeal was taken. On April 6, 2015, the appellate division reversed the trial court’s...
by Fred Sisto | Apr 4, 2015 | Blog, Criminal Law, Law Reform and Amendments
In State v. David T. Pomianek, Jr. , which the New Jersey Supreme Court decided on March 17, 2015, Justice Albin, writing for a unanimous Court, addressed the issue of the constitutionality of N.J.S.A. 2C:16-1(a)(3), a bias-crime statute that allows a jury to convict...
