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NJ Arrest Search & Seizure
Paperback Edition: 2010-2011
Paperback Edition Commentaries Are Current Through: 201 N.J. 253; 412 N.J. Super. 285; 176 L.Ed.2d 224; L. 2010 c. 6
The "What's New" Feature Brings The Online Edition Current Through:
202 N.J. 42; 413 N.J. Super. 300; 176 L.Ed.2d 581; L. 2010 c. 49
Author
Kevin Byrnes
Kevin Byrnes is a graduate of the University of San Diego School of Law. He was an assistant prosecutor and an adjunct professor of Criminal Justice at the College of New Jersey. He is currently in private practice.
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Synopsis
N.J. Arrest, Search and Seizure
by Kevin G. Byrnes, Esq.
A Comprehensive Guide to N.J. and Federal Law
A Comprehensive Guide to N.J. and Federal Law
This single volume paperback provides an in-depth analysis of both New Jersey and federal law governing the critical areas of arrest, search and seizure. It discusses the guarantees set out in the N.J. Constitution (1947) and the United states Constitution, and tracks case law in both the State and federal courts. This clearly written presentation goes beyond the black-letter law and focuses on the fact-sensitive nature of arrest, search, and seizure cases, explaining in a straight-forward language the rules, their exceptions and even the directions in which future decisions appear likely to go. Includes:
-
Article 1, paragraphs 7, 8, 10 and 11 of the N.J. Consitution
(1947)
- What constitutes an arrest and what rights are triggered by
an arrest or in-custody setting
- When a warrant is required for search or seizure and what
the exceptions are
- What consitutes 'probable cause' for an arrest, search or
seizure
- A wide variety of special cases and special circumstances, including electronic surveillance, motor
vehicle searches, 'stop and frisk' cases, the unknown informant, regulatory searches, when the
involvement of private citizens becomes 'state action', use of jailhouse informants, interrogations
without a lawyer, and more.
- The consequences of a violation of the law; the
exclusionary rule
Amendments IV, V, VI, XIV of the U.S. Constitution
Case law from all N.J. courts and the U.S. Supreme Court covering:
