Criminal Law

In the United States Supreme Court ruling in Brendlin v. California, Justice Souter, writing for the Court, held that when the police effect a motor vehicle stop, the driver as well as the vehicle's occupants have been "seized" within the meaning of the 4th Amendment.  As a practical matter, this means that a passenger can maintain a motion to suppress evidence based upon a claimed violation of his right to be free from unreasonable searches and seizures.

The criminal justice system is governed by the "Code of Criminal Justice," a special section of the statutory law. Everything from white-collar crimes to acts of violence is covered under the criminal code.

Criminal trial attorneys regularly deal with such issues as probable cause, the validity of searches incident to an arrest, and whether the defendant is eligible for Pre-Trial Intervention.

The law in this area is subject to exacting scrutiny by the courts, and the case law is in continuous development. For example, the NJ Supreme Court recently held that an "off-the record" conversation between the police officer and a defendant could not later be used against the defendant - even when Miranda or "due-process" warnings are also given.

Within the past few years, Robert Scirocco has effectively represented a number of high profile defendants who have been subject to media attention.

Recent Decisions

• The US Supreme Court held that a search based upon the consent of one occupant of the household (the wife) and over the strenuous objection of the other occupant (the husband) was in fact unreasonable. Thus evidence of the illegal drugs found on the premises had to be suppressed. The Court in this split decision reasoned that consent from all occupants of the household had to be obtained to conduct such a search without a warrant. The decision of Georgia v Randolph was handed down by the Court in March 2006.

Case Law

• NEW!!!   Defense must put State of Notice in DWI Blood Cases - State v. Kent
  
  
• NEW!!! Judge Issued Search Warrant for former Client - Evidence Admissible - State v. McCan
  
  
• Police May Search Home Without Warrant Following A Fire - State v. Amodio
  
  
• Jail Credits Allowed for Detention in Foreign Countries - State v. Hemphill
  
  
• 3rd Party Harassment Requires Two Purposes - State v. Castagna
  
  
• Excited Utterance Not Testimonial under Crawford - State int J.A.
  
  
• Drug Offense D/L Loss May Now Be Waived - 2C:35-16(a)
  
  
• Click HERE for a recent discussion of a ruling by the New Jersey Supreme Court with respect to the ability of the police to search a vehicle after being pulled over.