by Fred Sisto | Oct 5, 2017 | Blog, Criminal Law, Know Your Rights, Traffic Stops
On June 10, 2017, the New Jersey Supreme Court decided State v. Dunbar. The unanimous decision overturned state precedent requiring reasonable suspicion of contraband before police can deploy a canine sniff. Suspicionless canine sniffs are now permitted in New Jersey...
by Fred Sisto | Jul 3, 2017 | Blog, Criminal Law, Interrogation, Know Your Rights, Monmouth County, Ocean County
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...
by Fred Sisto | Jul 1, 2017 | Blog, Criminal Law, Interrogation, Know Your Rights, Monmouth County, Ocean County
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...
by Fred Sisto | Jun 29, 2017 | Blog, Criminal Law, Interrogation, Know Your Rights, Monmouth County, New Jersey, Ocean County
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...
by Fred Sisto | Jun 27, 2017 | Blog, Criminal Law, Interrogation, Know Your Rights, Monmouth County, Ocean County
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...
