Steven J. Richardson | May 24, 2010
On May 21, 2010, the New Jersey Appellate Division ruled that police cannot enter and search a private residence with only a “reasonable suspicion” of criminal activity (the standard under Terry v. Ohio, a 1968 U.S. Supreme Court case). In the case of State v. Jefferson, police officers were investigating drug dealing and possible gun-play, [...]
Steven J. Richardson | February 5, 2010
Many of us, I am sure, have a bad habit of hanging things from our rear view mirrors. I am not talking about parking garage passes and smaller items; I mean those things that hang down a ways from the mirror itself. This can be a problem. New Jersey law, under NJSA 39:3-74, states that [...]
Steven J. Richardson | December 8, 2009
One of the basic freedoms and civil rights we enjoy is the right to privacy in our own homes. Law enforcement must have some probable cause, or exigent (i.e. emergency) circumstances to enter a citizen’s home without a warrant. There is a whole body of court opinions in our jurisprudence that talk about what those [...]
Steven J. Richardson | January 13, 2009
Any time the police stop a motorist, they must have probable cause to do so. When it comes to drunk driving, this cause is often based on the driver weaving in the road, resulting in one of the tickets being for “failure to maintain lane” under New Jersey statute 39:4-88(b). In the case of State [...]