State v. Nyema, a recent Appellate Division decision, is important because it helps to set parameters for what constitutes a sufficient basis for an investigatory stop. The case arose from a convenience store robbery. The police had information that the robbery was committed by two black males who fled on…
Gun owners must always remember that the issuance of a domestic violence temporary restraining order, or TRO, can result in at least a temporary seizure of their weapons and firearms purchaser identification card. On the surface, the typical chain of events is fairly straight forward. A member of the same…
The ability of law enforcement to access the cell phone content of a criminal defendant has received considerable attention in recent years. The issue has been the same in case after case. If the cell phone is seized as part of an investigation, the security settings, such as passcodes, shield…
Many attorneys – both defense attorneys and prosecutors – will knowingly try to introduce objectionable material at trial. The reason for this is simple. The attorney believes that the jury has to hear it. It makes a difference in their case, and the effort to introduce it is strategic. Even…
In my experience, client calls from jail or prison facilities come in two forms. Sometimes, a client will call me directly from the facility using the facility’s telephone equipment. On other occasions, I will receive a call from a friend or family member who will then “third-party” the client in…
Our Supreme Court recently decided State v. Nelson, which addresses the extent to which the police may prolong a traffic stop to investigate suspected criminal activity. The facts of the case are straight-forward. A New Jersey state trooper learned from a reliable source that a silver Infiniti with a known…
The United States Supreme Court decided Carpenter vs. United States on June 22, 2018. This is a major Fourth Amendment decision which requires law enforcement to obtain a warrant to get cell phone service provider records that can show a user’s movements. The broad facts of the case are not…
The New Jersey Supreme Court recently approved a warrantless search of a vehicle’s glove box for registration and related documentation. In doing so, the Court set parameters for when such a search will be constitutionally valid. Defendant’s truck ran a traffic control and almost hit a police car. The officer…
An inventory search is a narrow exception to the Fourth Amendment warrant requirement. This search occurs after a defendant is arrest, but before incarceration. Briefly, the police are allowed to search the defendant/arrestee without a warrant and inventory the property in their possession. The goals of this search are to…
A state trooper stopped a vehicle on I-295 in Burlington County. The basis for the stop was a damaged tail light. The vehicle, which also changed lanes without signaling, had three occupants – the driver, a front-seat passenger, and a six-year-old child in the back seat. The trooper smelled burnt…