Using The Law: The Exercise of Judicial Power

I 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

Previously 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

Michigan v. Long: Protective Searches and Constitutionally Protected Areas

In Terry v. Ohio, SCOTUS crafted an exception to the requirement of a warrant and probable cause, allowing police to protectively search a person.¹ But to fall within the exception, the circumstances must provide police with a reasonable suspicion of criminal conduct and a reasonable belief the person poses a danger. Subsequently, SCOTUS determined the police may search incident to arrest an individual’s wingspan without a warrant based on Terry principles.² Furthermore, SCOTUS expanded the individual’s wingspan to include a recently occupied vehicle, also based on Terry principles.³ Read more

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

Previously 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

Possession of Marijuana with Intent to Distribute, N.J.S.A. 2c:35-5

Warren cops charged a West Virginia couple with Possession of Marijuana with Intent to Distribute after finding 11 pounds of alleged marijuana, per nj dot com. Initially the cops pulled over the car at 3:30 a.m. for erratic driving. By the way, driving at 3:30 a.m. is not against the law. But cops will illegally stop cars on a mere hunch of driving while intoxicated. While speaking with the pair, the cop claims he smelled an odor of burnt and raw marijuana inside the car. And after searching the vehicle, the cops seized 10 plastic bags from the trunk Read more

Sentence in accordance with the code, N.J.S.A. 2c:43-2

A last minute adjournment of a sentencing took place in Hudson County Superior Court this week, per nj dot com. The defendant previously plead guilty to leaving the scene of an accident resulting in death. He also plead guilty to endangering an injured victim by leaving the scene. Furthermore, he plead guilty to hindering his own apprehension. Previously, he struck a mother and child on their way to school where the girl was in first grade. Indeed, he admitted he exited his vehicle, saw the fatally wounded girl, returned to his vehicle, and fled. Read more

New Jersey v. T.L.O.: The Fourth Amendment in Public School

In 1984, a juvenile delinquency case from New Jersey went before the Supreme Court of the United States. SCOTUS addressed two questions. First, the Court addressed whether the Fourth Amendment applies to public school officials. Additionally, the Court considered the proper standard to assess searches and seizures by public school officials. The case was New Jersey v TLO.

New Jersey v TLO: Factual History

A Piscataway High School teacher found two girls smoking in the bath room. Since this was against school rules, the teacher took the girls to the Principal’s office. Subsequently, an Assistant Vice Principal questioned the girls Read more

Hindering Apprehension, N.J.S.A. 2c:29-3

Trenton cops charged a man who ran after they confronted him, and found 118 decks of alleged heroin on him. The cops claim they saw a drug transaction with this man as the seller. When they confronted him, however, they say he ran. Nevertheless, the cops caught him and found the alleged CDS and currency. Consequently, they charged him with hindering apprehension, heroin possession, heroin possession with intent to distribute, disorderly conduct, resisting arrest and obstruction.

On an unrelated note, I had a unique experience while returning today from the Cumberland County Courthouse to my office. Traveling on Route 77, Read more

Resisting Arrest and the Rise of #Resist

#Resist

This morning seven activists deployed a 70-ft by 35-ft banner that reads “RESIST” above the White House. This was call for YOU. #ResistOften pic.twitter.com/CVbr9VNZBu

— Greenpeace USA (@greenpeaceusa) January 26, 2017

Have you noticed #resist on social media? Unless you live under a rock, the answer should be an emphatic yes! Its rise in popularity appears to be a result of the election of Donald Trump. For example, after his first Muslim ban, #Resist and #TheResistance appeared in over 2.5 million tweets Read more

Fraudulently Obtaining CDS, N.J.S.A. 2c:35-13

Westampton cops charged a Delanco woman with using a forged prescription to get painkillers. Indeed, they arrested the woman at a CVS where she allegedly presented a forged script for oxycodone and, previously, Xanax. The authorities charged the woman with forgery, fraudulently obtaining CDS (prescription medication), and attempting to obtain CDS (prescription medication) by fraud.

WebMD dot com provides these warning signs of painkiller addiction. They are:

Thinking alot about your medication
Taking different amounts than prescribed by your doctor
Doctor shopping
Getting painkillers from other sources
Long term painkiller use
Getting angry when someone tries to talk about it Read more

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