What Are Your Rights in the Municipal Courts of New Jersey?

This post will briefly summarize your rights in the Municipal Courts of New Jersey. Indeed, as an independent branch of government constitutionally entrusted with the fair and just resolution of disputes, the judiciary preserves the rule of law and protects the rights and liberties guaranteed by the Constitution and laws of the United States and the State of New Jersey. In addition to sentencing defendants, people who do not come to court when summoned or subpoenaed, make payments as required, or comply with other requirements of their sentences, face additional punishments including fines, drivers’ license suspension, arrest, and jail. Therefore, to protect your rights in the Municipal Courts of New Jersey, call me at (856) 812-0321. Read More

The Fourth Amendment and the Right to Be Secure in Your House

This past weekend, a police tactical unit forcibly entered a Gloucester Township home, per nj dot com. In their inimitable fashion, the cops broke open the garage door Sunday morning with a robot. But was this absolutely necessary? After all, according to the media, the cops destroyed the private property despite having full access to family members who lived there. Indeed, after a juvenile had called the police earlier that night, everyone left the house. Furthermore, the family members went directly to the police to file complaints. But about two hours after everyone left, a neighbor heard the man banging on the front door Read more

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

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

Law, Policy, People, and Stop-and-Frisk

Stop and Frisk in Brownsville, Brooklyn:
Residents Question a Police Tactic

I have blogged about Donald Trump‘s support for the NYPD use of stop, question, and frisk as a national model. Please watch this 2010 report about the law, policy, people, and stop-and-frisk in Brownsville. Do cops issue tickets in part to make money for their municipalities? Will Trump adopt a stop-and-frisk policy for Muslims in order to create the national database he promised? When does public cynicism influence policy? To borrow the words of Benjamin Franklin, should Americans give up some of their liberty to get a little temporary safety? 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

Fighting Back Against Stop-and-Frisk

On June 17, 2012, protesters marched against NYPD’s aggressive stop-and-frisk policy.

This video is about their march.

The Fourth Amendment

The Fourth Amendment prohibits the government from violating “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

Additionally, Read more

SMOLENSKY LAW

NJ CRIMINAL DEFENSE LAWYER | Call Now! (856) 812-0321

Category: Fourth Amendment

What Are Your Rights in the Municipal Courts of New Jersey?

The Fourth Amendment and the Right to Be Secure in Your House

Using The Law: The Exercise of Judicial Power

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

Michigan v. Long: Protective Searches and Constitutionally Protected Areas

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

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

New Jersey v TLO: Factual History

Law, Policy, People, and Stop-and-Frisk

Stop and Frisk in Brownsville, Brooklyn:
Residents Question a Police Tactic

The Right To Be Left Alone v. Stop and Frisk

“Stop and Frisk” As National Policy?

Fighting Back Against Stop-and-Frisk

The Fourth Amendment

New Jersey v TLO: Factual History

Stop and Frisk in Brownsville, Brooklyn: Residents Question a Police Tactic

“Stop and Frisk” As National Policy?

The Fourth Amendment

Stop and Frisk in Brownsville, Brooklyn:
Residents Question a Police Tactic