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An individual is most vulnerable upon being confronted by police interrogation. Some clients believe that they can talk their way out of potential criminal troubles by providing information to the police. Others are so susceptible to questioning by authorities that they feel compelled to give the police a full accounting. In almost every circumstance, it … Continue reading What are Police Interrogations and Confessions?
Individuals interrogated in a non-custodial vs. a custodial interrogation setting enjoy fewer protections than those interrogated while in custody. In the seminal Miranda case, the United States Supreme Court stated that the famed Miranda warnings[1] must be administered by the police only during custodial interrogations. Miranda v. Arizona, 384 U.S. 436, 444 (1966). Thus, “Miranda … Continue reading What are Non-Custodial Interrogations?
Custodial interrogation of a suspect must cease if he or she “indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent.” Miranda v. Arizona, 384 U.S. at 473-474. The suspect need not assert his or her privilege to remain silent with the “utmost of legal precision.” State … Continue reading What Does The Right To Remain Silent Mean?
Asserting Your Right To Counsel If after invoking his or her right to silence, the suspect initiates further conversation with the police, the resumption of police questioning will not constitute a failure to “scrupulously honor” the right to remain silent. State v. Fuller, 118 N.J. at 83; State v. Mallon, 288 N.J. Super. at 147. … Continue reading What Happens After The Defendant Asserts His Right To Counsel?
Waiver of the right to remain silent must be knowing, intelligent and voluntary. Miranda v. Arizona, 384 U.S. at 463-466; State v. Hartley, 103 N.J. at 260. The question of waiver is to be determined on a case by case basis, taking into account, among other circumstances, the background, experience and conduct of the accused. … Continue reading What Does A Waiver Of The Right To Remain Silent Mean?
The right to counsel is one of the most significant adjuncts to safeguard an accused’s privilege against self-incrimination. Fare v. Michael C., 442 U.S. 707,719 (1979); State v. Reed, 133 N.J. at 253. The right to counsel implicated in the pre-indictment custodial interrogation is distinct from the right to counsel that is constitutionally guaranteed once … Continue reading When Does The Right to Counsel Begin With Custodial Interrogation?
The Fourth Amendment to the United States Constitution and Article I, paragraph 7 of the New Jersey Constitution assure citizens their right to be secure in their person, houses, papers and effects against unreasonable searches and seizures. Few areas in the criminal law have generated more opinions, or more controversy, than the area of search … Continue reading What Are People’s Rights For Searches and Seizures?
Suppressing Evidence At some point in numerous cases, the issues of whether the search conducted by the police was legal and whether the evidence seized can be suppressed will arise. Before filing motions to suppress the evidence, the initial inquiry must be whether the particular defendant has standing to challenge the search, and thus the … Continue reading When Can A Person Challenge A Search?
Search Warrants In New Jersey In order to obtain a search warrant, the police must present facts which justify a prudent and cautious person to believe that a crime has been, is being, or is about to be committed. Carroll v. United States, 267 U.S. 132, 162 (1925); State v. Macri, 39 N.J. 250, 260 … Continue reading How Do Police Get A Search Warrant?
Upon a finding of probable cause, the magistrate or judge will issue a search warrant. Pursuant to the Fourth Amendment to the United States Constitution and Article I, paragraph 7 of the New Jersey Constitution, the warrant must be specific as to the place to be searched and the items to be seized. The United … Continue reading What is a Warrant?
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