State of New Jersey vs Michael Cushing | Consent and Warrantless Search

Download the PDF here or visit the New Jersey Courts website RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0856-12T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MICHAEL CUSHING, Defendant-Appellant. ____________________________________________________ Argued October 8, 2013 – Decided Before Judges Messano, Hayden and Rothstadt.…

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Consent to Search

Posted by: New Jersey Criminal Lawyer, Jeffery Hark Under Article I, paragraph 7 of the New Jersey State Constitution. the validity of a consent to a search must be measured in terms of waiver. State v. Johnson, 68 N.J. 349, 353-54 (1975). “Where the State seeks to justify a search on the basis of consent…

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