In Commonwealth v. Carmenates, the Superior Court vacated the trial court’s suppression order, holding that, despite an apparent language barrier, Carmenates’s consent to the trooper’s search of a vehicle was knowing, intelligent, and voluntary.
In Commonwealth v. Gaston, the defendant’s DUI prosecution was in the pretrial stage when the U.S. Supreme Court issued its opinion in Birchfield v. North Dakota. The defendant moved to suppress his blood draw based on Birchfield, but the Superior Court held that the evidence need not be suppressed because the defendant consented to the … Read more
Delade v. Cargan involved a suit against a state trooper. The 3rd Circuit held that the Fourth Amendment always governs claims of unlawful arrest and pretrial detention when the detention occurs prior to the detainee’s first appearance before a court. The Court then ruled that the claim of unlawful arrest and pretrial detention was not cognizable … Read more
Two defendant-physicians appealed the State’s use of grand jury subpoenas to access information contained in New Jersey’s Prescription Monitoring Program (PMP), which is a state-run database that keeps track of prescriptions of controlled dangerous substances. The Appellate Division determined that law enforcement agents properly sought subpoenas in the name of the investigating grand jury and … Read more
The defendant was found guilty of possessing a firearm as a convicted felon and sentenced to a mandatory minimum sentence of 15 years, as required by the Armed Career Criminal Act as well as the defendant’s three prior qualifying convictions. The defendant appealed, claiming his suppression motion should have been granted and that he had … Read more
Police seized incriminating text messages, which the defendant sent to his ex-girlfriend. Defendant moved to suppress the messages, as they were recovered from the ex-girlfriend’s phone without a warrant. The Appellate Division held that the defendant had neither a reasonable expectation of privacy in the text message recovered from his girlfriend’s cellphone nor did he … Read more