Archive for August 2010

New Jersey Attorneys Review Recent NJ Supreme Court Decision…

NEW JERSEY ATTORNEYS REVIEW RECENT NJ SUPREME COURT DECISION UPHOLDING WARRANTLESS ARREST OF A SUSPECT AFTER FLIGHT FROM APARTMENT COMPLEX.

The New Jersey Supreme Court recently ruled that a warrantless arrest was valid involving a case where law enforcement had probable cause to arrest a suspect in a public place. The Court recognized the longstanding requirement that arrest warrants and warrantless arrests in public must be supported by probable cause to believe that a crime has been committed and the person sought to be arrested committed the offense. In this case, the arrest warrant was defective and the focus of the decision whether the State of New Jersey acted reasonably in effectuating the arrest. The Court focused on the conduct of law enforcement and concluded that the actions of the suspect in fleeing his private apartment into a public place where the police could arrest him without a warrant based upon probable cause.

Legal Quote of the Week:

“….sunlight is the best of disinfectants…”

Louis D. Brandeis, 1856-1941, New York Times, February 15, 1984