Book Description

This single volume paperback provides an in-depth analysis of both New Jersey and federal law governing the critical areas of arrest, search and seizure. It discusses the guarantees set out in the N.J. Constitution (1947) and the United States Constitution, and tracks case law in both the State and federal courts. This clearly written presentation goes beyond the black-letter law and focuses on the fact-sensitive nature of arrest, search, and seizure cases, explaining in a straight-forward language the rules, their exceptions and even the directions in which future decisions appear likely to go.Includes:Article 1, paragraphs 7, 8, 10 and 11 of the N.J. Consitution (1947)Amendments IV, V, VI, XIV of the U.S. ConstitutionCase law from all N.J. courts and the U.S. Supreme Court covering:What constitutes an arrest and what rights are triggered by an arrest or in-custody settingWhen a warrant is required for search or seizure and what the exceptions areWhat consitutes "probable cause" for an arrest, search or seizureA wide variety of special cases and special circumstances, including electronic surveillance, motor vehicle searches, "stop and frisk" cases, the unknown informant, regulatory searches, when the involvement of private citizens becomes "state action", use of jailhouse informants, interrogations without a lawyer, and more.The consequences of a violation of the law; the exclusionary rule