Fred Sisto | Criminal Attorney | Ocean and Monmouth County

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Home >> Warrants

September 25, 2017 by Fred Sisto

Upskirting And Invasion Of Privacy

On August 31, 2017, a three judge Appellate panel decided the case of State v. Joshua Nicholson. The panel included former Monmouth County Criminal Presiding Judge Francis Vernoia. A principle issue in the case was whether taking a picture of a woman up her skirt (“upskirting”), constitutes an invasion of privacy pursuant to N.J.S.A 2C:14-9b. […]

Filed Under: Blog, Criminal Law, Know Your Rights, Warrants Tagged With: Criminal Law, Invasion of Privacy Laws

March 21, 2017 by Fred Sisto

State vs. Bryant

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. Officers were dispatched to a report of domestic violence when a woman called 911 to report […]

Filed Under: Blog, Criminal Law, News, Warrants Tagged With: Criminal Law

March 19, 2017 by Fred Sisto

Warrantless Home Entries: Unreasonable Search & Seizure

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 within one of the few well-delineated exceptions to the warrant requirement. If no warrant […]

Filed Under: Blog, Criminal Law, New Jersey, Warrants Tagged With: Criminal Law

March 17, 2017 by Fred Sisto

Warrantless Home Entries: Arrestee vs. Detainee

The Legette Court held that Chrisman and Bruzzese do not support warrantless entries into detainees’ homes; they apply only to cases in which a suspect has been arrested prior to the officer’s entry into the home. Here, because the State failed to meet its burden of demonstrating that the warrantless entry fell within a recognized […]

Filed Under: Blog, Criminal Law, New Jersey, Warrants Tagged With: Criminal Law

March 15, 2017 by Fred Sisto

Warrantless Home Entries: Consent to Search

The Legette Court continued: Legette and the officer entered Legette’s apartment. Legette presented his identification, and the officer began a radio transmission to check for outstanding warrants. Legette, meanwhile, removed his sweatshirt and asked a woman who was present to take it to the bedroom. The officer interrupted the transmission and collected the sweatshirt from […]

Filed Under: Blog, Criminal Law, New Jersey, Warrants Tagged With: Criminal Law

March 13, 2017 by Fred Sisto

Warrantless Home Entries: Finding Ways Into Homes

On January 12, 2017, in the case of State v. James Legette, Justice Fernandez-Vina, J., wrote for a six to one majority of the New Jersey Supreme Court. The Court considered whether, during an investigatory stop, it is permissible for a police officer to follow suspects into their homes and seize evidence. When an officer […]

Filed Under: Blog, Criminal Law, New Jersey, Warrants Tagged With: Criminal Law

November 24, 2015 by Fred Sisto

Legal Defense Against Stale Warrants: Part 3

In the face of a lack of binding precedent in New Jersey, a good attorney will analyze precedent from other jurisdictions in an effort to buttress an otherwise novel argument in New Jersey. In United States v. Elliott, 576 F. Supp. 1579, a 1984 federal case from the Southern District of Ohio, the Court refused […]

Filed Under: Blog, Criminal Law, Warrants Tagged With: Criminal Law, Legal Procedures

November 20, 2015 by Fred Sisto

Legal Defense Against Stale Warrants: Part 2

The seminal case on the issue of “staleness” in New Jersey is State v. Novembrino, 105 N.J. 95, 519 A.2d 820 (N.J., 1987). There, the police sought a search warrant through a sworn statement that was written in the present tense with regard to their evidence, but which provided no dates as reference points. The […]

Filed Under: Blog, Criminal Law, Warrants Tagged With: Criminal Law, Legal Procedures

November 16, 2015 by Fred Sisto

Legal Defense Against Stale Warrants

A common mis-conception among people charged with crimes is that there is no point in hiring the most capable attorney because they feel that the evidence against them is too strong to overcome. This is especially true of people that gave statements to the police in which they admitted to committing the crime(s) at issue. […]

Filed Under: Blog, Criminal Law, Warrants Tagged With: Criminal Law, Legal Procedures

November 10, 2015 by Fred Sisto

Financial Facilitation: AKA Money Laundering

As mentioned in my blog regarding Ocean County’s law enforcement’s aggressive use of the obscure “anti-drug profiteering” statute, local law enforcement is also using New Jersey’s obscure money laundering statute as means to leverage guilty pleas and property forfeiture. In New Jersey the offense commonly known as “money laundering” is codified under the term “financial […]

Filed Under: Blog, Criminal Law, Warrants Tagged With: Criminal Law, Drug Crimes

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Recent Posts

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