Posts Tagged ‘warrantless search and seizure’
Supreme Court Taking Up Police Searches of Data Troves Known as Cellphones
Resubmitted by New Jersey Criminal Lawyer, Jeffrey Hark Originally published in the New York Times By Adam Liptak APRIL 27, 2014 Photo A phone collected in the George Zimmerman case in Florida. Arguments will be heard this week on whether searches of cellphones require warrants. Credit Gary W. Green/Reuters WASHINGTON — In a major test…
Read MoreEmergency Aid Doctrine & Cell Phone Locations | New Jersey vs. Earls
State vs. Earls Download the case transcript Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The significant issues in this case is the application of the New Jersey Supreme Court’s prior decision in State vs. Earls. In that prior decision the New Jersey Supreme Court ruled that New Jersey citizens have a right to privacy…
Read MoreThe “Emergency Aid” Exception to the Warrant Requirement | State of New Jersey vs. Thomas W. Earls
Published by Criminal Defense Lawyer Jeffrey Hark Download the entire case excerpt at https://www.judiciary.state.nj.us/opinions/a2084-07.pdf July 11, 2011 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2084-07T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. Thomas W. Earls, Defendant-Appellant. Submitted March 22, 2011 – Decided Remanded by…
Read MorePolice Need Warrant For Cell Phone Data – State v. Thomas W. Earls (A-53-11) NJ Supreme Court
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…
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