If you are stopped by an officer in Ocean or Monmouth County and he/she asks if they can search your vehicle, do you know your rights? Do you know what happens next if you say no? Do you know if the officer has a right at any point to search your vehicle without your consent? […]
What to Do and What Not To Do When Pulled Over in Ocean or Monmouth County
It happens to the best of us. You’re driving along, you seem to get lost in your thoughts and before you know it, you see bright flashing lights behind you, sometimes accompanied by the loud BLOOP-BLOOP – a police officer is pulling you over. You immediately signal, hit the brakes, are start to pull off […]
How the Bail Process Works
Hopefully you will never find yourself in this situation – but if you need to get out of jail after you have been arrested, then it is your right to know what to expect. Step 1: Booking After being placed under arrest, the suspect will be taken to the police station to be booked. The […]
Justice Alito’s Understanding of Search 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. 741, 13 L.Ed.2d 684 (1965). However, that quote from Ventresca concerned the quantum […]
Family Illegally Strip Searched By Police
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 the warrant may not be broadened by language in the affidavit. The […]
Evidence and Conviction Thrown Out as a Result of Fred Sisto’s Trial Work
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 decision. The result was that Ms. Gonzales’ conviction was thrown out and […]
Changes To Be Made To The Bias Crime Statute
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 a defendant even when bias did not motivate the commission of […]
Aggravated Sexual Assault Reversed Conviction
In State v. Luis Santiago, decided on January 28, 2015, the Appellate Division reversed an aggravated sexual assault conviction based on subsection N.J.S.A. 2C:14-2(a)(3), because there was no evidence presented that the assault occurred during an assault “on another”. Although the Santiago opinion was unpublished, meaning that it is not binding on lower courts, but […]
S.L.A.P. as an Alternative to Jail
The question that often arises when faced with mandatory imprisonment is whether a labor program can be substituted for jail. The short answer is “no”. N.J.S.A. 2B:19-5 is the law that requires the sheriff “or other authorized officer” of each county in New Jersey to establish a labor assistance program as an alternative to direct […]
Boaters’ Search and Seizure Rights
A friend of mine recently purchased a jet ski and asked whether the police needed reasonable suspicion to stop him on the water, i.e. if the same rule that applies to automobile stops applies to boats and jet skis. The short and surprising answer is “No.” Under New Jersey’s Administrative Code, the police can stop […]
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