Search & seizure in New Jersey

As a New Jersey resident, understanding your legal rights is essential for protecting yourself if you face criminal charges. Your rights regarding search and seizure law are particularly crucial. The Law Office of Jason A. Volet understands the challenges people face when they believe law enforcement officers may have obtained evidence illegally – and we’re prepared to protect your rights.

What Is Search & Seizure?

Search and seizure is a legal procedure law enforcement officers use to search a person’s property and confiscate any evidence relating to a crime. These practices must follow complex legal rules to protect the balance between an individual’s right to privacy and the state’s interest in law enforcement.

What Is the 4th Amendment to the US Constitution?

The Fourth Amendment to the U.S. Constitution protects individuals against unreasonable searches and seizures. This amendment requires law enforcement to get a warrant justified by probable cause from a judge before conducting a search. A vital part of the Bill of Rights, this amendment serves as a safeguard against arbitrary and invasive actions by the state.

Does New Jersey Have a Similar Section in Their Constitution?

In a paragraph nearly identical to the Fourth Amendment of the US Constitution, Article I, Paragraph 7 of the New Jersey Constitution also protects its citizens against unreasonable search and seizure. It reiterates that the state must not violate a person’s right to privacy without a warrant and probable cause. It is worth noting that New Jersey courts often interpret these protections broadly, offering more protection than the federal constitution in some cases.

What Is Considered a Lawful Search & Seizure?

In many cases, lawful search and seizure occurs after a law enforcement officer obtains a valid search warrant from a judge. The warrant must specify the area the officer may search and the items they may seize. However, law enforcement can conduct a lawful search without a warrant in some specific situations.

What Is a Warrantless Search & Seizure?

A warrantless search and seizure refers to circumstances where law enforcement officers conduct a search without obtaining a warrant beforehand. While the Fourth Amendment and the New Jersey Constitution generally require a search warrant based on probable cause, certain exceptions exist that allow police to conduct a search without a warrant.

Are There Exceptions to NJ’s Search & Seizure Law Where Police Can Search Without a Search Warrant?

Some exceptions to the requirement that a warrant must be obtained before a search and seizure include the following:

• Consent – If a person voluntarily agrees to a search, the police can proceed without a warrant.
• Immediate threat – In circumstances that present an immediate threat to public safety or the risk of evidence destruction, police can conduct a warrantless search.
• Following a lawful arrest – A search incident with a lawful arrest is another exception. This allows officers to search a person and their immediate surroundings for their safety and to prevent the destruction of evidence.
• Plain view – If an officer sees evidence in plain sight that is immediately obvious, they may seize it without a warrant.

What Is Probable Cause?

Probable cause is the requirement that law enforcement officials have a reasonable belief, supported by facts and circumstances, that a crime has occurred or evidence exists in a particular location. For example, a police officer may pull over a vehicle for a broken taillight, smell alcohol on the driver’s breath, and see suspicious bottles in the car. This situation could give rise to probable cause. This reasonable belief allows the officer to search the vehicle without a warrant. However, you should immediately contact a skilled legal professional if you believe the police violated your rights during a search.

How Can It Be Proven That the Search Violated My Rights?

Consulting a knowledgeable criminal defense attorney is critical if you suspect the police conducted an illegal search and seizure. An experienced lawyer can review the facts of your case and the way the officer obtained the evidence. They can then determine whether law enforcement had a valid search warrant or appropriately applied an exception. If your attorney determines your rights were violated, they can file a motion to suppress the evidence obtained during the unlawful search.

What Is the Exclusionary Rule?

The exclusionary rule is a legal principle that prevents the prosecution from introducing evidence in court if the police obtained it through an unconstitutional search or seizure. The rule aims to deter police misconduct by making illegally obtained evidence inadmissible in court.

What Is “Fruit of the Poisonous Tree”?

“Fruit of the poisonous tree” is a legal metaphor used to describe evidence that law enforcement obtains indirectly through an illegal search or seizure. The doctrine essentially states that if the source of the evidence is done illegally, then anything gained from it cannot be used in court.

For instance, law enforcement officers illegally search a person’s home without a warrant or any applicable exceptions. During this search, they find a key to a storage locker. Later, the police use this key to open the locker, where they discover stolen goods.

In this case, the stolen goods are the “fruit of the poisonous tree.” Even though the police did not directly find the stolen goods during the illegal search, their discovery resulted from the unlawful search. Under the “fruit of the poisonous tree” doctrine, the court should exclude the stolen goods from the evidence.

Contact a New Jersey Criminal Defense Lawyer

Understanding search and seizure laws can be challenging. But you don’t have to handle them alone. If you have been subject to a search and seizure and are facing criminal charges, your rights may be in jeopardy. You need an attorney who will stand up for your liberty.

At the Law Office of Jason A. Volet, we focus on criminal defense law. Our experienced criminal defense lawyer has handled over 2,000 cases as a prosecutor and defense attorney. We offer comprehensive legal support to help you understand your rights and provide strong defense strategies. Contact our offices today for a free consultation to learn more about how we can help you.

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About the Author

Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.