cdTOCtest

C. Consent The “touchstone” of the Fourth Amendment is reasonableness. Katz v. United States, 389 U.S. 347, 360, 88 S.Ct. 507, 5 ...

search. Florida v. Jimeno, 500 U.S. at 251, 111 S.Ct. at 1803, 114 L.Ed.2d 297; State v. Leslie, N.J. Super. (App. Div. 2001); ...

evidence. Maryland v. Buie, 494 U.S. 325, 337, 110 S.Ct. 1093, 1099-1100, 108 L.Ed.2d 276 (1996); State v. Henry, 133 N.J. at 11 ...

illegality). The key question under the independent source doctrine “is whether the State learned of the evidence from an untain ...

recognizable as contraband. State v. Toth, 321 N.J. Super. 609, 613 (App. Div. 1999). Plain Smell The smell of unburnt or burn ...

the warrant requirement provide independent justification for the search. State v. Lark, 163 N.J. 294 (2000). When a police offi ...

Informant’s Tips An informant’s tip may constitute a basis for police action so long as a substantial basis exists to credit t ...

N.J. 1 , 11-12 (1979); State v. Ercolano, 79 N.J. 25, 33-34 (1979) (impoundment of car parked legally on street after defendant’ ...

A pretrial detainee has Fourth Amendment protection against unlawful searches conducted to uncover incrimi- nating evidence and ...

595 (App. Div. 1994), certif. denied, 136 N.J. 29 (1994), cert. denied, 513 U.S. 865 (1994) (defendant had no constitutional rig ...

B. Honest and Reasonable Belief Defendant’s belief in the necessity of force must not only be held honestly, but also be reasona ...

G. Use of Force Against Intruders The use of force or deadly force against an intruder, who is unlawfully in a dwelling, is only ...

but unreasonable belief that the force was necessary to defend himself, reducing the charge of murder to manslaughter. State v. ...

VI. NOTICE A. Requirement to Provide Notice A defendant must serve written notice on the prosecutor if he intends to rely on jus ...

SELF-INCRIMINATIONSELF-INCRIMINATIONSELF-INCRIMINATIONSELF-INCRIMINATIONSELF-INCRIMINATION (See also, COURTS, SIXTH AMENDMENT, J ...

B. When Is a Defendant in Custody? The requirements of Miranda are only triggered when the suspect is subject to custodial quest ...

If an incarcerated defendant converses with an undercover agent or government informant without knowing he or she is speaking to ...

D. The Public Safety Exception Recognizing that “public safety must be paramount to adherence to the literal langauge of Miranda ...

obtained.” Nonetheless, in North Carolina v. Butler, 441 U.S. 369 (1979), the United States Supreme Court held that “an explicit ...

refused to follow Moran v. Burbine, 475 U.S. 412 (1986), which held that the failure to inform an in-custody suspect that an att ...