Supreme Court: No Video-Recorded Statements in Jury Room.
On May 16, 2013, the Supreme Court of New Jersey decided State v. A.R., a case that required the Court to determine whether the use of video-recorded statements of a victim or defendant by a jury – in the jury … Continue reading
Official Misconduct at the New Brunswick Parking Authority
As I set forth in detail in a prior blog post, the criminal charge of “Official Misconduct” in New Jersey has serious consequences ranging from 3-10 years, depending on the allegations (or the degree of the Official Misconduct charge). In … Continue reading
New Jersey Appellate Division “Saves” Portion of New Jersey’s Bias Intimidation Statute.
The New Jersey Appellate Division decided, and in the process “saved,” a very important piece of legislation in New Jersey – the bias intimidation statute. In State v. Pomianek, decided on January 31, 2013, the defendant David Pomianek, a public … Continue reading
Official Misconduct is Not Just a Charge For Cops and Politicians
For those of you that thought charges of “Official Misconduct” applied to police officers and elected officials “on the take”, think again. On October 5, 2012, five people, including three teachers and two administrators in Camden County, New Jersey, were … Continue reading
Violation of Seatbelt Law Can Result in 3-10 Years in Prison. (Yes, You Read that Correctly).
On August 13, 2012, in State v. Kirby Lenihan, the Appellate Division was forced to decide whether a violation of New Jersey’s “seat belt law” (codified at N.J.S.A. 39:3-76.2(f)) can serve as a basis for a conviction of the more … Continue reading
Be The Host With The Most. . . Smarts
(Yesterday we posted a blog by Michael R. Ascher that detailed the criminal liabilities that could be faced if you host a summer party – Now, Andrew S. Berns writes about the civil liabilities) In addition to the criminal exposure … Continue reading
Being the “Cool Parent” Isn’t So Cool
At this time of year, when parents and their teenage children are enjoying the summer with parties and celebrations, issues often arise from the liability of serving alcohol to minors. Often times, parents say they would feel better to have … Continue reading
Search and Seizure Law In New Jersey – An Update: Motor Vehicle Searches
Recently, I wrote a post entitled: Search and Seizure Law in New Jersey: A Primer. This continues this discuss with the newest decision on exceptions to when warrants are needed. In January 2003, two people, Minitee and Bland robbed a … Continue reading
Search and Seizure Law in New Jersey—A Primer
The other day, after we published my blog post about the New Jersey Supreme Court’s “Animal House” decision, I received some emails about police searches in general. So, in response, I thought the below primer may be helpful to understand … Continue reading
Drugs Found In Modern Day “Animal House” Suppressed By New Jersey Supreme Court
In State of New Jersey v. Derek J. Kaltner, the Supreme Court held that a trial court correctly suppressed (“threw out”) drug evidence found in a bedroom during a warrantless search of a residence by police officers who were responding … Continue reading
