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Articles Posted in Search and Seizure

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Plain Smell and Sight in New Jersey Gun/Drug Cases

New Jersey Police departments claim they can see and smell everything. Using skills usually reserved for a Marvel superhero, law enforcement routinely claims they can see drugs through a closed container, smell marijuana through a brick house miles away, or detect the odor of marijuana from a vaporizer pen used…

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Consent Searches in Drug/Gun Cases in New Jersey

Constitutionally protected privacy interests are enshrined in the 4th Amendment protection against warrantless searches and seizures as well as Article I, Paragraph 7 of the New Jersey State Constitution. One key exception to the warrant requirement, as well as the requirement for probable cause precedent to the execution of a…

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Warantless Drug Searches on College Campuses

The Fourth Amendment of the constitution protects people from unreasonable search and seizures, but the law is not as clear-cut in some particular circumstances.  One grey area in search and seizure law involves searches conducted at student housing owned by colleges.  College campuses are unique in that they create their…

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Consent Searches under New Jersey Law

In New Jersey, a request for consent to perform a search is a commonly used tactic by police, especially in drug/controlled dangerous substance and firearms cases. Receiving consent may permit law enforcement to search your personal property, car, even your home without a warrant. Per the 4th Amendment of the…

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