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The Court Grants Motion to Suppress Good Case For The Defense Bar

State v. Joshua R. Eastman, unpublished opinion, App. Div. Docket No. A-3436-11T1 (October 17, 2012) – “By leave granted, the State appeals from an … order suppressing evidence, illegal drugs, seized during a warrantless search of defendant's motor vehicle following a one-vehicle accident….  When defendant's vehicle became accessible, Trooper Ferrara entered the vehicle and searched the glove compartment without providing defendant the opportunity to obtain the documents.  At that point, defendant was in police custody at the barracks approximately twenty minutes away and could have been escorted back to the scene in order to retrieve his documents.  The record gives no indication that exigent circumstances existed, necessitating immediate action. Further, Trooper Ferrara did not otherwise have an independent basis for probable cause or a reasonable articulable suspicion to search defendant's vehicle….  [T]he State failed to sustain its burden of demonstrating that the search falls within an exception to the constitutional requirement that police obtain a warrant before conducting a search.  Accordingly, we affirm the order on appeal and remand for further proceedings consistent with this opinion.”

Jason Charles Matey, Esq. 

6 Comments to The Court Grants Motion to Suppress Good Case For The Defense Bar :

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car accident lawyer on Friday, February 01, 2013 1:58 AM
I used to read posts related to criminal law. I found your post very informative and it contains a unique content. Thank you so much for sharing this with us....!!
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New York City Budget Lobbying on Friday, May 24, 2013 7:08 AM
With this blog you really took our attention to the points that we never thought about the law and the legislature. Thanks for sharing this with all of us. All the best, way to go.

bicycle accident compensation on Friday, February 01, 2013 9:39 AM
Government is taking a serious action against the drug use among the public. It will be legal in general use for public.
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criminal defense attorney on Monday, March 18, 2013 5:28 AM
Thanks to you!I always trying to found news related criminal law Finally I got some stuff in your blog post related.Thanks once again and do share some more posts if you have!
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Sheps and associates Pllc on Friday, May 03, 2013 12:57 AM
They don't give the opportunity to the defendant to obtain the document that is not so good.Your all highlighted points are so much important for this case.
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OFAC SDN List on Friday, May 17, 2013 3:15 AM
Criminal law is the body of law that relates to crime. Your writing has impressed me. It’s simple, clear and precise. I will definitely recommend you to my friends and family. Regards and good luck
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