Steven J. Richardson | July 30, 2009
What many people do not realize, even though it is a concept that is throughout our laws in New Jersey, is that a driver’s licenses is a privilege, not a right. Its efficacy is regulated by the state’s Motor Vehicle Commission, which can suspend someone’s license administratively or pursuant to a specific statute calling for [...]
Steven J. Richardson | July 22, 2009
On April 21, 2009, I posted an article about an unpublished New Jersey trial court opinion in the case of Stengart v. Loving Care Agency, Inc., in which the judge held that the attorney-client privilege can be waived not only for emails sent using the employer’s email program and computers, but also for emails sent [...]
Steven J. Richardson | July 20, 2009
Many of us have noted on the sides of police patrol vehicles the words, “To Protect and To Serve,” but we do not always fully understand or appreciate their meaning. This month, however, the New Jersey Courts have focused on this in two decisions having to do with the Fourth Amendment right to protection against [...]
Steven J. Richardson | July 17, 2009
The Miranda warning is something we are all familiar with from watching police dramas. Once the suspect is “Mirandized” and says he or she wishes to have an attorney present, questioning must cease. However, on July 9, the New Jersey Appellate Court held that the police may resume questioning of a suspect who has invoked [...]
Steven J. Richardson | July 6, 2009
On July 1, the New Jersey Appellate Court issued one of the most amazing opinions I have ever seen! For those of you who don’t know, a person arrested for DWI does not have a 6th amendment right to an attorney before giving a breath sample, nor does the breath sample itself constitute self-incriminating testimony [...]