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Articles Posted in Warrantless search

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New Jersey Supreme Court Limits Warrantless Car Searches in State v. Fenimore

The New Jersey Supreme Court has continued to reinforce the strength of our State Constitution’s warrant protections in its recent decision, State v. Fenimore. The Court unanimously held that the automobile exception does not permit police to conduct a warrantless search of a vehicle once law enforcement has full control over the…

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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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