Following a 2018 decision from the Appellate Division, the Supreme Court of New Jersey has held that a criminal defendant can be compelled to disclose cell phone passcodes. On the facts of this case before the Court, Defendant Robert Andrews had been indicted In June 2016 for multiple offenses related to alleged drug trafficking in Newark, New Jersey. Andrews had previously … [Read more...] about NJ Supreme Court: Police Can Compel Suspects to Provide Smartphone Passcodes
U.S. Court of Appeals: Fingerprint Evidence May be Insufficient
In a recent precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that reliable fingerprint evidence, standing alone, may be insufficient to support a criminal conviction. The facts of the specific case were as follows. In 2003, the victim was opening the store where she worked in Pennsylvania when a masked man with a gun pushed his way inside and … [Read more...] about U.S. Court of Appeals: Fingerprint Evidence May be Insufficient
Marijuana Legalization Comes to New Jersey
On Election Day 2020, the voters of New Jersey will be deciding whether to amend the State’s constitution to allow for the recreational use of marijuana for those aged 21 and older. By many accounts, the initiative does appear likely to pass as New Jersey voters support a marijuana legalization referendum on their ballots by a nearly three-to-one margin. A Long Time Coming … [Read more...] about Marijuana Legalization Comes to New Jersey
No First Amendment Protection for Videos Played in Your Vehicle
On October 15, 2019, the Appellate Division in State v. Lomato (Dkt. No. A-5273-16T4) approved a “public communication of obscenity” conviction for a man convicted of watching pornography in his car outside a fast food restaurant. Specifically, defendant was accused of watching pornography on an iPad through the restaurant’s wifi, loudly, with the windows down, and with at … [Read more...] about No First Amendment Protection for Videos Played in Your Vehicle
NJ Supreme Court Holds Photos of Lawful Sex Acts Admissible to Prove Unlawful Sex Acts
A recent New Jersey Supreme Court decision, State of New Jersey v. Guillermo Santamaria, tackled the interesting question of whether photographs of sex acts between the Defendant and his victim—although indisputably taken while the victim was over eighteen—could be admissible to help prove prior, unlawful sexual contact. During the trial, defense counsel argued that the … [Read more...] about NJ Supreme Court Holds Photos of Lawful Sex Acts Admissible to Prove Unlawful Sex Acts