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Articles Posted in Search and Seizure

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Understanding the Limits of Fourth Amendment Protections: Abandonment and Privacy Rights

The Supreme Court of New Jersey’s decision in the case of State v. Curtis L. Gartrell presents a significant analysis of property rights and the Fourth Amendment’s protections against unreasonable searches and seizures. In this case, the court examined the concept of abandonment in the context of a police chase,…

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Protective Sweeps: An Exception to the Warrant Requirement

Although the United States Constitution and the New Jersey Constitution reflect the importance of the fundamental right to privacy, there exists a few doctrines which allow for warrantless search of a home. One such exception to the warrant requirement is the protective sweep doctrine. The United States Supreme Court determined…

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Supreme Court Ruling Has Sweeping Implications for Car Stops

Over the years, thousands of motorists have been stopped for having their license plate partially blocked.  Often times, the stops are pretextual in that law enforcement’s real interest in the vehicle and its occupants is the desire to conduct a criminal investigation.  In State v. Roman Rosado and State v.…

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Frequently asked Firearms Related Questions and Answers

New Jersey has some of the strictest and most complex firearms laws in the United States.  Often times, prospective clients have questions related to their right to bear arms within our State.  This article endeavors to touch upon some issues that arise as considerations for New Jersey residents. Is a…

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The New Frontier: Legalization of Marijuana and Its Effect on Individuals, Law Enforcement and the Judiciary

After years of back and forth regarding the legalization of recreational marijuana citizens in the state overwhelmingly voted in favor of legalization.  Their vote then returned the issue back to politicians in order for them to iron out the details of how our state will proceed with the sale and…

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