Interstate Agreement on Detainers
This involves the transfer of a prisoner between jurisdictions. The Interstate Agreement on Detainers does not apply when the State has not lodged a detainer in the sending state.State v. Forrest Baker.
Dressed to the Nines
The Supreme Court of New Jersey exercises its supervisory powers under the State Constitution to impose a level playing field. As a general rule, corrections authorities should supply prison witnesses with civilian clothing and those witnesses should never appear in the courtroom in prison attire. State v. Paul Kuchera.
Probable Cause
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| Арест пропагандиста. (Arrest of a Propagandist.) Ilya Repin (1844 - 1930) [Public Domain], via Wikimedia Commons |
INTRODUCTION
Police-citizen enounters fall into three categories. Each tier requires a higher evidential threshold for justification. This entry will describe the most intrusive encounter, namely the arrest, and therefore the most burdensome encounter to justify.
PROBABLE CAUSE
The circumstances provide probable cause when the investigation consists of enough evidence to allow a prudent person to believe a suspect committed or was committing a crime.
Probable cause is less than proof beyond a reasonable doubt. It is, however, more than a mere hunch. First, probable cause is a well-grounded suspicion. Second, this belief must concern whether an offense is taking place or has taken place. Finally, it must relate directly to the suspect as a party to the offense.
The totality of circumstances control the outcome. Therefore, courts examine the facts and inferences. Judges determine whether a person of reasonable caution would believe that an offense was, is, or will be committed. Courts apply common sense and include reasonable inferences in the analysis.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding searches, seizures, and arrests. Call Now—(856) 812-0321.
Police-citizen enounters fall into three categories. Each tier requires a higher evidential threshold for justification. This entry will describe the most intrusive encounter, namely the arrest, and therefore the most burdensome encounter to justify.
PROBABLE CAUSE
The circumstances provide probable cause when the investigation consists of enough evidence to allow a prudent person to believe a suspect committed or was committing a crime.
Probable cause is less than proof beyond a reasonable doubt. It is, however, more than a mere hunch. First, probable cause is a well-grounded suspicion. Second, this belief must concern whether an offense is taking place or has taken place. Finally, it must relate directly to the suspect as a party to the offense.
The totality of circumstances control the outcome. Therefore, courts examine the facts and inferences. Judges determine whether a person of reasonable caution would believe that an offense was, is, or will be committed. Courts apply common sense and include reasonable inferences in the analysis.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding searches, seizures, and arrests. Call Now—(856) 812-0321.
Reasonable Suspicion
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The spectacle-pedlar Rembrandt [Public domain], via Wikimedia Commons |
INTRODUCTION
The Fourth Amendment protects the individual from arbitrary police intrusion. The law prohibits the police from trampling unjustifiably on freedom of movement. Instead, police may do so only under suspicious circumstances.
FULL-STOP
The stop must be based on a particularized suspicion. This means the cops must provide observations seen, heard, smelled, or otherwise detected with their senses, that the person has been or is about to engage in a crime.
Courts consider the totality of the circumstances to determine whether they provided the requisite reasonable suspicion. The policy at play behind this is a balance between effective law enforcement and the individual’s right to move freely.
JUST THE FACTS
The facts determine the outcome, and courts apply common sense in these evaluations. An officer's knowledge and experience may be given weight, as well as rational inferences from the officer's perspective.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding searches, seizures, and arrests. Call Now—(856) 812-0321.
The Fourth Amendment protects the individual from arbitrary police intrusion. The law prohibits the police from trampling unjustifiably on freedom of movement. Instead, police may do so only under suspicious circumstances.
FULL-STOP
The stop must be based on a particularized suspicion. This means the cops must provide observations seen, heard, smelled, or otherwise detected with their senses, that the person has been or is about to engage in a crime.
Courts consider the totality of the circumstances to determine whether they provided the requisite reasonable suspicion. The policy at play behind this is a balance between effective law enforcement and the individual’s right to move freely.
JUST THE FACTS
The facts determine the outcome, and courts apply common sense in these evaluations. An officer's knowledge and experience may be given weight, as well as rational inferences from the officer's perspective.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding searches, seizures, and arrests. Call Now—(856) 812-0321.
Field Inquiry
INTRODUCTION
Police-citizen enounters fall into three categories. Each tier requires the State to establish a higher evidential threshold. This entry will describe the least intrusive and therefore the least burdensome encounter to justify.
FIELD INQUIRY
With limited exceptions, a field inquiry may be conducted without grounds for suspicion. A field inquiry is the least intrusive encounter, and occurs when a cop approaches an individual and asks some questions. The person, however, need not answer any questions. Indeed, he may decline to listen to the questions and go on his way.
POLICE TRAINING
Cops train to prevent and detect crime. Events unnoticed by a layman ofttimes indicate to the trained eye that something amiss might be taking place or is about to happen. The cops would be derelict in their duties if they did not investigate such events. By that same token, judges are not required to exhibit naiveté from which ordinary citizens are free. Pennsylvania v. Dunlap, 555 U.S. ____ (2008) (Roberts, J., dissenting).
POLICE DISCRETION
Essentially, cops may perform a field inquiry without reason to believe a crime already did, currently is, or soon will take place. But a cop who wants to investigate further will require greater justification. The principal issue is whether the police deny the individual the freedom to move.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding searches, seizures, and arrests. Call Now—(856) 812-0321.
FIELD INQUIRY
With limited exceptions, a field inquiry may be conducted without grounds for suspicion. A field inquiry is the least intrusive encounter, and occurs when a cop approaches an individual and asks some questions. The person, however, need not answer any questions. Indeed, he may decline to listen to the questions and go on his way.
POLICE TRAINING
Cops train to prevent and detect crime. Events unnoticed by a layman ofttimes indicate to the trained eye that something amiss might be taking place or is about to happen. The cops would be derelict in their duties if they did not investigate such events. By that same token, judges are not required to exhibit naiveté from which ordinary citizens are free. Pennsylvania v. Dunlap, 555 U.S. ____ (2008) (Roberts, J., dissenting).
POLICE DISCRETION
Essentially, cops may perform a field inquiry without reason to believe a crime already did, currently is, or soon will take place. But a cop who wants to investigate further will require greater justification. The principal issue is whether the police deny the individual the freedom to move.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding searches, seizures, and arrests. Call Now—(856) 812-0321.
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