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Fodder for Cross-Examining the Arresting Officer in a DWI Case

You are representing John Doe who has been arrested and charged with driving under the influence of alcohol. Not unlike most defendants charged with DWI, the officer (Officer Smith) administered a roadside sobriety test shortly after stopping John. For those unfamiliar with roadside sobriety tests, they are nothing more than a series of physical tests […]

What is the exclusionary rule and under what circumstances can it be used?

The exclusionary rule “is a judicially created remedy designed to safeguard” the right of the people to be free from “unreasonable searches and seizures.” State v. Williams, 192 N.J. 1, 14 (2007). Under the exclusionary rule, “the State is barred from introducing into evidence the fruits of an unlawful search or seizure by the police.” […]

The Standard for Admissibility of Wiretap Evidence in New Jersey

In State v. Driver, 38 N.J. 255 (1962), the New Jersey Supreme Court authorized the use of electronic wiretaps, however, the Court listed several conditions that must be satisfied before wiretaps could be admitted into evidence. These conditions are as follows: (1) the speakers must be identified; (2) the device must be capable of taking […]