by Marc Neff
New Jersey Supreme Court Will No-Longer Require Exigent Circumstances for Police to Obtain a Telephonic Search Warrant, Defining Exigent Circumstances in the Process
The New Jersey Supreme Court by a 4-3 majority extinguished the requirement of exigent circumstances for police officers to obtain a search warrant via telephone or other electronic means. These telephonic warrants will now be viewed under the same light as warrants obtained in-person, with their validity no longer being predicated on a finding of exigency for the search. The Court felt that...
by Marc Neff
Federal Law Prohibiting Those Convicted of Misdemeanor Domestic Violence from Possessing Firearms is Strengthened by Recent Supreme Court Ruling
The United States Supreme Court, last week, reinstated a West Virginia man’s conviction for a violation of Federal Law, which prohibits those convicted of a domestic violence offense from possessing firearms. The Federal Law in question was passed in 1996, and extended the prohibition on firearm possession from convicted felons to those also convicted of misdemeanor domestic violence. The...
by Marc Neff
Underage “Sexting” Now Punishable as a Sex Crime in a Growing Number of Jurisdictions
As cellular telephone technology advances at an extremely rapid pace, more and more teenagers are possessing phones with the capabilities to snap still photos or record short videos. Coupled with the fact that as a society, children are becoming acquainted with sex at younger ages, this technology has led to the practice of sexting; sending nude photos or other sexually explicit photos and/or...
by Marc Neff
Supreme Court of the United States Elects Not to Hear Arguments on the Constitutionality of the Child Online Protection Act
The Child Online Protection Act (“COPA”) was passed in 1998 in an attempt to regulate inappropriate web-based content which was too easily accessible by children. COPA was never allowed to take effect, however, as an injunction on the Act was immediately issued after its passage. The constitutionality of the Act was challenged in ACLU v. MuKasey, in which a United States District Court held...
by Marc Neff
Governor Rendell Calls for Legislation to Eliminate the Possibility of Parole for Repeat Offenders of Violent Crimes in Pennsylvania
Pennsylvania sentencing guidelines provide a range of years for which a convicted felon is to serve in prison. For example, sentencing guidelines would require a range of five-to-ten years for a certain crime. At some point within this range, the convicted felon becomes eligible for parole, or early release on a probationary status. Granting of parole is determined by a parole board that...
by Marc Neff
White-Collar Fraud Expected to Increase as Recessionary Economy Continues
An economic recession necessitates many changes in the home, in the marketplace, and in Government. For corporate executives, however, the profitability targets of their respective corporations do not change. According to a recent article in Business Week, recessionary times create incentives for corporate execs to cheat, or commit fraud in order to create the perception that they are...
by Marc Neff
UNLIKE ROUTINE BORDER INSPECTION, REASONABLE SUSPICION REQUIRED TO SEARCH A PASSENGER’S CABIN ABOARD CRUISE SHIP
The Fourth Amendment to the United States Constitution protects citizens against unreasonable searches and seizures by the government. Depending on the circumstances of the search and seizure, the government must show they had reason to search based on a finding of either probable cause or reasonable suspicion. Conducting a search of a person’s home generally requires probable cause; in...
by Marc Neff
New Jersey Superior Court Finds Standard of Reasonable Suspicion Necessary to Search Student’s Vehicle
The Superior Court of New Jersey recently upheld a conviction of a high school student for possession of a controlled dangerous substance, distribution of a controlled dangerous substance, and distribution within 1,000 feet of a school. The evidence used to convict the defendant was obtained through a “reasonable suspicion” search of the student’s vehicle by the school’s assistant principal....
by Marc Neff
Harsher Penalties for Manufacturing a Controlled Substance than Simply Possessing the Same Quantity, Upheld By Pennsylvania Superior Court
Lancaster County Police were responding to a noise complaint when they found the defendant, Shawn Van Aulen, outside of his apartment with a bag of marijuana in his hand. The officers conducted a search of the defendant, finding a glass smoking device and a marijuana grinding device as well. Following the search, the officers requested, and were granted, permission to enter the apartment for...
by Marc Neff