Legal Question in Criminal Law in New Jersey

Clarification for previous answer on Search Warrant.

In august i asked a question concerning an expired search warrant. You gave me an answer in which i just read. It seemed that you needed more info on that question. That evening, the police told me that if i didnt give them my computer, they would get a serch warrant, break down the door, go through all they wanted, and take what they wanted, and since my mother is in poor health, she would not be able to take it. I had no choice but to sign the form. The form only consents to seize the computer. The police then acquired a search warrant. The warrant gave 30 days to search as of Jan 24, 05) They did not acquire evidence until May 10, 05. After entering the computer, they got another search warrant on May 19, 05. The apartment that the police entered is leased to my mom; i pay no rent. They took my keys and walked in and went to my room and took the computer. We have submitted motions to supress based on coercian and that they had no right to walk into the apartment without my mom's permission. What do you think? Please reply


Asked on 1/18/07, 6:01 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Clarification for previous answer on Search Warrant.

This certainly sounds like coercion from what you write, and it also sounds like the only person who could give consent to search the house was your mother. If the police actually threatened to break down your door once they got a warrant, then they should be reported to their superiors for an internal affairs investigation. It sounds to me like you have a very solid motion to suppress based on the facts you presented. However, if you are currently represented by an attorney then you should really direct these type of questions to him. If you don't have an attorney or are looking to switch attorneys, please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 1/20/07, 10:48 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Clarification for previous answer on Search Warrant.

First, if you have an attorney, you shouldn't second guess him or her. You either trust your attorney or you don't. If you don't, its time to get a new one.

In a perfect world, it sounds like you got a great case. We just won a supression motion today but they are very, very hard to win, even if the law is on your side.

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Answered on 1/18/07, 7:44 pm


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