The police generally need a reason to stop you, or to search you, your house…or your car. The constitutionally based ‘warrant requirement’ which protects you from an unreasonable search or seizures can be overcome by circumstances that eliminate the need for the police to find a ‘neutral and detached magistrate’ (a judge) from whom they can request a search warrant. Your actions can support an exception to the need to obtain a judicial approval for… read more →
The police can use a variety of methods to conduct their investigations, including the use of officers that do not look like cops. In New Jersey, undercover police officers (and police dogs), can act like and look like anyone who would normally be at that location, to blend in and observe without their identity as law enforcement being disclosed. What they observe is admissible as evidence in criminal prosecutions, and the only limitation on their… read more →
Everything you do, everything you say, can be used against you when you are charged with a crime or pulled over for a motor vehicle violation. In New Jersey, many of the police departments have video recorders, capturing what you say and how you act while they are investigating the scene. These videos are often the difference between a conviction and a ‘not guilty’ verdict; between a plea as charged and a downgraded offense with… read more →
Police are permitted to go undercover or use informants, to detect and investigate crime. Things may not be what they appear to be. An informant or an undercover police detective is supposed to look like a regular person, a ‘customer’ or a potential ‘target’ for those committing crimes. They will look like you, talk like you, act like you. Anything you say or do in their presence can be used as evidence against you. Undercover police… read more →
Under NJ law, you do not have to have the item ‘on you’ for you to be charged with the possession of it. One of the elements of a crime is the ability to exercise ‘Dominion and Control’ over the illegal item. Possession can be ‘actual’ (you have it on you), ‘constructive’ (you can exercise dominion and control over it – think you can pick it up if you want to), and it can be ‘joint’… read more →
Drug Distribution is the act of delivery/passing of a Controlled Dangerous Substance (a CDS) to another person. It does not matter whether you think it should be legal; whether another State says it is legal; whether you are a florist; or, whether you receive money for distributing the drugs – it is still drug distribution if the law of the State you are in (or the Federal statute) says it is illegal to possess or… read more →