Using The Law: The Exercise of Judicial Power

using the law, State v. Lund, 119 N.J. 35 (1990), Supreme Court of New Jersey, New Jersey Constitution, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerI have blogged about New Jersey v. T.L.O.1, Michigan v. Long2, and State of New Jersey v. Lund.3 Those blog posts explained the holding and reasoning of the majority in each case. This post, however, will go to the heart of judicial power: using the law. Nowadays this issue seems to be especially important. Indeed, the news extensively covered one of President Trump’s executive orders banning Muslims from entering the United States. And after Trump criticized a judge for blocking the order, some people defended that judge and the judiciary as an independent branch of government.

Known as “Separation of Powers” doctrine, Read more


State of New Jersey v. Lund: State and Federal Constitutions in Lockstep

State of New Jersey v. Lund, 119 N.J. 35 (1990), Supreme Court of New Jersey, New Jersey Constitution, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerPreviously I blogged about Michigan v. Long.1 The Supreme Court of the United States (SCOTUS) broke new ground under federal law with respect to two issues in Long: SCOTUS review of state court decisions, and Terry searches of cars. With respect to its jurisdiction to review decisions based on adequate and independent state grounds, SCOTUS articulated a “plain statement” rule for state courts to follow. Additionally, with respect to the Fourth Amendment, SCOTUS applied Terry v. Ohio 2 to protective searches of cars, requiring proof of a reasonable belief about the presence of weapons. This blog post will look at Read more


State of New Jersey v. Best: The Fourth Amendment on Public School Property

State of New Jersey v. Best, 201 N.J. 100 (2010), Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerPreviously I blogged about New Jersey v. T.L.O. 1 The focus of this post, State of New Jersey v. Best 2 applies T.L.O. to a warrantless car search on school property by a school official. The United States Supreme Court in T.L.O. addressed whether the exclusionary rule applies to evidence seized by a school official without police involvement in juvenile delinquency proceedings. SCOTUS answered this question in the affirmative.Notwithstanding the State’s position that school officials act as surrogates for the actual parents (in loco parentis), the Court decided they are State Actors. Indeed, by rejecting the State’s position, SCOTUS reasoned the breadth and Read more


The Right To Be Left Alone v. Stop and Frisk

“Stop and Frisk” As National Policy?

State and federal law protect individuals from unreasonable government intrusion. Thus, “stop and frisk” is an exception to the law, not the general rule. The no-nonsense tough-talk appearance of a national stop and frisk policy might appeal to some people. But the right to be left alone is more important—and that’s no bull! It is the law. Consequently, judges, prosecutors, and defense lawyers take it seriously. Read more


Standing—Getting Your Client His Day in Court

Standing

standingThis entry will explain New Jersey and Federal law as each relates to suppression motion standing.

First, this will set forth the general standards under state law.

Next, this will explain standing under federal law.

Finally, this will define the particular categories for standing under state law. Read more