Denial of Freedom and Miranda Warnings – State of New Jersey v. Terrell L. Hubbard

October 14, 2013

The latest analysis of when Miranda Warnings must be given to a person of interest or a ‘suspect’. Reference State of New Jersey v. Terrell L. Hubbard The issue is when is there a denial of freedom. When does the ‘totality of the circumstances’ lead an objective person to believe the person in question is…

Probable Cause for Further Investigation and Information Relayed to Patrol Officers

October 10, 2013

14-2-1579 State v. Rosario, App. Div. (per curiam) (10 pp.) The appellate division court found that when a loss prevention officer relays information to police and identifies himself as such to the police on the call to police dispatch provided information based on his personal knowledge and observations that led him to report that defendant…

State v. Salladino: Impact on New Jersey Criminal Law and Admission of Evidence

September 26, 2013

14-2-1436 State v. Salladino, App. Div. (per curiam) (13 pp.) On today’s date the New Jersey Appellate Division ruled that under the totality of the circumstances the seizure of the “hard bulge” from somewhere on defendant’s person exceeded the permissible scope of a Terry search for weapons and was thus unlawful. The appellate panel agrees…

Heightened Attention from Police – State v. Moss, A-1080-11T2 (App. Div.)

August 28, 2013

State v. Moss, A-1080-11T2 (App. Div.) On March 21, 2013, the Appellate Division affirmed the denial of the defendant’s suppression motion. On May 9, 2009, police were traveling in an unmarked car in an area of high crime and narcotic activity. The officers were wearing the modified uniform consisting of jeans, a t-shirt with police…

Warrantless Seizure and Reversed Conviction – State v. Williams A-2486-11T2 (App. Div)

August 26, 2013

State v. Williams A-2486-11T2 (App. Div) On April 3, 2013, the Appellate Division reversed the conviction of the defendant, Jarrell Williams for second-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5b. Defendant was charged with possession of a handgun after police performed a motor vehicle stop and found the handgun on the floor of…

Improper Ex-Parte Conduct Results in a Reversal – State v. Shaffona Morgan (A-119-11)

August 23, 2013

State v. Shaffona Morgan (A-119-11) On August 8, 2013 the New Jersey Supreme Court affirmed the conviction of Shaffona Morgon for second-degree aggravated assault, fourth-degree aggravated assault and possession of a handgun for an unlawful purpose. On November 24, 2005, the defendant had an altercation with deli store owners after she purchased a Boost Mobile…

Police Need Warrant For Cell Phone Data – State v. Thomas W. Earls (A-53-11) NJ Supreme Court

August 21, 2013

State v. Thomas W. Earls (A-53-11) NJ Supreme Court On July 18, 2013 the New Jersey Supreme Court reversed the conviction of Thomas W. Earls because police needed a warrant to obtain his location via his cell phone. On January 26, 2006, the police filed a complaint against the defendant for receiving stolen property and…

Rejection of Fifth Amendment Claim – Genoveno Salinas v. Texas, (No. 12-246) U.S. Supreme Court

August 20, 2013

Genoveno Salinas v. Texas, (No. 12-246) U.S. Supreme Court On June 17, 2013, the U.S. Supreme Court affirmed the judgment of the Texas Court of Criminal Appeals rejecting petitioner’s Fifth Amendment claim. On December 18, 1992 two brothers were shot and killed in their Houston home. Police recovered six shotgun casings at the scene and…