Legal Question in Criminal Law in New Jersey

exclusionary rule

is the exclusionary rule still valid in NJ? In the event that police transform a ''knock-n-announce'' search warrant into a ''no knock'' search warrant is a violation of the 4th ammendment and the evidence is admissible or innadmissible in court. Police says they knocked on the door, there are witnesses that say otherwise and evidence says otherwise, what happens then?


Asked on 5/31/08, 10:02 am

11 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: exclusionary rule

Don't take this the wrong way, but these questions always puzzle me. If you are not posting a homework question, you are either second guessing your attorney or you are trying to defend yourself. If you are second guessing your attorney, you either need to have a serious talk with him or her or you need to get a new one. If you are representing yourself...well, you know the saying, don't you?

Regardless, there is no way to answer your question. These issues are extremely fact sensitive and they often depend on what court you are in. Furthermore, even if you have a winner, judges are humans, not computers, so there is still a chance you will lose, even if you shouldn't.

Bottom line, get a good attorney and let him or her handle all the legal issues.

Read more
Answered on 5/31/08, 11:43 am
Gary Moore Gary Moore Attorney At Law

Re: exclusionary rule

If it is proven that the police exceeded the authority granted by the search warrant the items seized pursuant thereto will be suppressed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.gary

Read more
Answered on 5/31/08, 1:24 pm
Gary Moore Gary Moore Attorney At Law

Re: exclusionary rule

If it is proven that the police exceeded the authority granted by the search warrant the items seized pursuant thereto will be suppressed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.gary

Read more
Answered on 5/31/08, 1:31 pm
Gary Moore Gary Moore Attorney At Law

Re: exclusionary rule

If it is proven that the police exceeded the authority granted by the search warrant the items seized pursuant thereto will be suppressed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.gary

Read more
Answered on 5/31/08, 1:31 pm
Gary Moore Gary Moore Attorney At Law

Re: exclusionary rule

If it is proven that the police exceeded the authority granted by the search warrant the items seized pursuant thereto will be suppressed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.gary

Read more
Answered on 5/31/08, 1:31 pm
Gary Moore Gary Moore Attorney At Law

Re: exclusionary rule

If it is proven that the police exceeded the authority granted by the search warrant the items seized pursuant thereto will be suppressed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.gary

Read more
Answered on 5/31/08, 1:31 pm
Gary Moore Gary Moore Attorney At Law

Re: exclusionary rule

If it is proven that the police exceeded the authority granted by the search warrant the items seized pursuant thereto will be suppressed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.gary

Read more
Answered on 5/31/08, 1:31 pm
Gary Moore Gary Moore Attorney At Law

Re: exclusionary rule

If it is proven that the police exceeded the authority granted by the search warrant the items seized pursuant thereto will be suppressed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.gary

Read more
Answered on 5/31/08, 1:31 pm
Gary Moore Gary Moore Attorney At Law

Re: exclusionary rule

If it is proven that the police exceeded the authority granted by the search warrant the items seized pursuant thereto will be suppressed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.gary

Read more
Answered on 5/31/08, 1:31 pm
Gary Moore Gary Moore Attorney At Law

Re: exclusionary rule

If it is proven that the police exceeded the authority granted by the search warrant the items seized pursuant thereto will be suppressed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.gary

Read more
Answered on 5/31/08, 1:31 pm
Gary Moore Gary Moore Attorney At Law

Re: exclusionary rule

If it is proven that the police exceeded the authority granted by the search warrant the items seized pursuant thereto will be suppressed.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.gary

Read more
Answered on 5/31/08, 1:31 pm


Related Questions & Answers

More Criminal Law questions and answers in New Jersey