2023-2024 NJ Arrest, Search & Seizure
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Current Edition: 2023-2024
Print Edition Commentaries Are Current Through:
253 N.J. 428; 475 N.J. Super. 204; 215 L.Ed.2d 207; L. 2023 c. 55
Online Edition - via Gann's What's New Feature - is Current Through:
N.J. cases app'd for pub. on October 2, 2023; U.S. Sup Ct cases through 216 L.Ed.2d 1178; N.J. Chap. Laws through L. 2023 c. 96
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|Synopsis|| || |
NJ Arrest, Search & Seizure
by Kevin G. Byrnes, Esq.
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.
- Article 1, paragraphs 7, 8, 10 and 11 of the N.J. Consitution (1947)
- Amendments IV, V, VI, XIV of the U.S. Constitution
- Case law from all N.J. courts and the U.S. Supreme Court covering:
- 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
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