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Criminal Law Blog

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In its recent decision, the New Jersey Supreme Court has abandoned a long-standing rule of law in plain view search and seizure cases. In State v. Gonzales, the court ignored its long-standing reliance on the inadvertence requirement in plain view searches.  Those searches arise when the police have no warrant, […]

Criminal Law Blog

Rahami Legal Limbo

September 23, 2016 | by Einhorn Barbarito

The alleged Chelsea bomber, Ahmad Khan Rahami, remains in legal limbo with no ability to obtain legal representation. The federal public defender has been stymied in his efforts to provide legal counsel to the suspect since the federal magistrate found that federal jurisdiction has not yet attached. New Jersey has […]

In 2014, the New Jersey Supreme Court decided State v. David Gibson, a criminal matter that raised questions about the seizure of drugs following an arrest for “defiant trespass.” While many criminal matters revolve around the legality of a search and seizure, the Gibson case focused on the arrest for […]

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