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New Jersey Criminal Defense Attorney Blog

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Warrantless Cell Phone Searches Incident to Arrest

The United States Supreme Court has granted certiorari in two cases that consider whether the police can conduct a warrantless search of an individual’s cell phone incident to arrest.  Courts have held previously that the police can search an individual’s person and effects at the time of arrest, but cell…

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Computing Restitution Awards in Child Porn Cases

In 1997 and 1998, an eight-year-old girl known as “Amy” was sexually abused and raped repeatedly by her uncle.  Amy’s uncle received a custodial term of 10 years, and was ordered to pay $6,325.00 in restitution.  The assaults were photographed, and the photos were placed on the Internet and spread…

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New US Supreme Court Case Addresses Issues Concerning Mental Health Evaluations in Criminal Cases

The United States Supreme Court recently decided Kansas v. Cheever, 571 U.S. _____ (12/11/13), which discusses whether the Fifth Amendment prohibits the Government from introducing evidence from a criminal defendant’s court-ordered mental health evaluation to rebut the defendant’s presentation of expert testimony supporting a voluntary intoxication defense. The defendant was…

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