by Fred Sisto | Feb 24, 2018 | Blog, DUI, New Jersey
A number of states have subsequently adopted Heien’s holding. Importantly, however, a number of states have either followed or acknowledged Justice Kagan’s narrow interpretation of an objectively reasonable mistake of law. In State v. Scriven, the New...
by Fred Sisto | Feb 22, 2018 | Blog, DUI, New Jersey
In Heien, the United States Supreme Court considered a police officer’s reasonable but erroneous interpretation of a motor vehicle statute. Chief Justice Roberts’s majority opinion noted that “the ultimate touchstone of the Fourth Amendment is...
by Fred Sisto | Feb 20, 2018 | Blog, DUI, New Jersey
The New Jersey Supreme Court held that the Appellate Division erred in concluding that the holding in Heien is applicable here. The motor vehicle statutes pertinent here are not ambiguous. The officer’s stop of defendant’s motor vehicle was not an...
by Fred Sisto | Feb 18, 2018 | Blog, DUI, New Jersey
The trial court granted defendant’s motion to suppress evidence resulting from the motor vehicle stop, but the court denied his motion to dismiss the indictment. On the motor vehicle stop, the trial court agreed with defendant that Officer Carletta’s...
by Fred Sisto | Feb 16, 2018 | Blog, DUI, New Jersey
On January 11, 2018, Justice LaVecchia wrote for a unanimous New Jersey Supreme Court in the Morris County case of State v. Ryan Sutherland. The principle issue was the constitutionality of a motor vehicle stop based on the belief that the vehicle was in violation of...
