Our attorneys have been featured in these media sources among others
Top Reasons To Hire Us
Learn the Top 10 reasons to hire our employment law firm
How We Can Help You
Click to see what sets us apart »
Recent Case Results
Learn about our recent employment cases
Exceptions to the Warrant Rule A search warrant is generally required. Illinois v. Gates, 462 U.S. AT 236; State v. Valencia, 93 N.J. 126, 133 (1983). Indeed, a warrantless search is presumed to be invalid. Mincey v. Arizona, 437 U.S. 385, 390 (1978); State v. Valencia, 93 N.J. at 133. However several important exceptions exist … Continue reading When Can The Police Search Without A Warrant?
The first exception to the warrant requirement is made for abandoned property. For the exception to apply, however, the property must be abandoned in the constitutional sense: the person gave up his or her reasonable expectation of privacy in the property, without necessarily relinquishing his or her ownership interest. State v. Hempele, 120 N.J. 182, … Continue reading Can Abandoned Property Be Searched Without A Warrant?
The prohibition against unreasonable searches and seizures is applicable to commercial business enterprises as well as private homes. New York v. Burger, 482 U.S. 691,699 (1987); See v. City of Seattle, 387 U.S. 541, 543 (1967); State v. Williams, 84 N.J. 217, 223-225 (1980). Commercial property owners or operators have a legitimate expectation of privacy … Continue reading What Are Administrative Searches?
Even in a pervasively regulated industry, a warrantless inspection will be deemed reasonable only if three criteria are satisfied. First, there must be a substantial government interest in the regulatory scheme under which the inspections are conducted. New York v. Burger, 482 U.S. at 713; State v. Turcotte, 239 N.J. Super. at 292. Second, the … Continue reading What Is A Warrantless Search?
A third exception to the search warrant requirement is the automobile exception. The automobile exception to the warrant requirement is shown, according to the United States Supreme Court, “if a car is readily mobile and probable cause exists to believe it contains contraband.” Pennsylvania v. Labron, 518 U.S. 938, 116 S.Ct. 2485, 135 L.Ed.2d 1031, … Continue reading What Is The Exception To Warrantless Searches?
Another exception to the search warrant requirement is consent by the person searched or the owner of the property searched. A police officer may ask for permission to search, even if the officer does not hace a reasonable basis to believe the suspect is engaged in any criminal behavior. Florida v. Bostickk, 501 U.S. 429, … Continue reading What Is The Consent Search Exception?
Exigent circumstances is a fifth exception to the warrant requirement. In order to sustain a search under this exception, the police must demonstrate that emergent circumstances existed, and they must clearly show that probable cause to search existed at the time of the search. Welsh v. Wisconsin, 446 U.S. 740, 749 (1984); Dorman v. United … Continue reading What is the Exigent Circumstances Exception?
Just who are these grand jurors? The grand jury simply is a group of randomly selected individuals from the community, selected in a manner free of any taint of discriminatory purpose. State v. Ramseur, 106 N.J. 123, 215 (1987); State v. Rochester, 54 N.J. 85,88 (1969); State v. Porro, 152 N.J. Super. 259, 265-266 (Law … Continue reading What Is The Overview Of The Grand Jury?
No judge is present in the grand jury courtroom. Rather, there is a foreperson and a deputy foreperson selected by the Assignment Judge, State v. Ramseur, 106 N.J. at 236-238, who have the power to administer oaths and endorse all indictments (the deputy foreperson acts only in the absence of the foreperson). N.J.S.A 2A:73-4; R. … Continue reading Is A Judge Present At The Grand Jury?
Arrests may be made either on the basis of a warrant, or without a warrant. In either case, there is a prerequisite of probable cause, which must be found by a judicial officer, as required by the Fourth Amendment and by Article I, paragraph 7 of the New Jersey Constitution. Giordenllo v. United States, 357 … Continue reading What Is An Arrest?
Call for a Free Initial Consultation
(908) 561-5577
Call Now! 24/7
Click to Email