Legal Question in Criminal Law in New Jersey

Re: Search Warrant

I reviewed my other answer and I see that it was not well written. The authorization granted by

the search warrant expired on the thirty-first day, but if they still have the computer they may be able to apply for another search warrant and do the search over again. Perhaps not.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Search Warrant

Trust no answer you get here for this question.

This is not an every day event, and there is not likely to be a published opinion. I'm sure that you will get conflicting opinions. In fact you are about to get one now. But don't trust that either, because I haven't enough facts, nor have I done the proper research.

Even a good estimate would require a thorough review, comparision and analysis of the facts alleged by the state and by the owner or other possessors of the computer. It would also require hours of research and further legal analysis for what may well be a case of first impression.

I predict that a court would find the legitimacy of this search, based upon the facts you have related, turns not on the search warrant, but on the validity and scope of the consent. If the original consent was not time limited, did not limit the right of the police to examine the content on the computer, and was freely and voluntatirly, than the search warrant was not neccessary, and its post-date execution is of no consequence.

I suspect as well that a judge analyzing these facts would focus on the seizure and not the time of the search, given that the computer was continuously in the possession of the police.

The limits on the warrant are to prevent seizure of stale evidence, and to deny the police unlimited license to intrude into the home of a citizen presumed innocent. Neither of those considerations apply here.

The key to the case then, is to challange the consent.

Re: Search Warrant

From what you describe the search warrant was not valid for the search done in May, and anything found as a result of that search could be subject to a motion to suppress the evidence. Please contact me if you would like to discuss this in more detail.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

Re: Search Warrant

Yeah, as the other attorneys said, it sounds like the evidence should be thrown out. If you check out my website, you will see that computer crime is a major focus area for my firm. I have written numerous articles on computer crime and have given talks at many events including Trenton Computer Festival. My consultations are always free, so call me at 732/247/3340 and we can discuss your case.

Good luck!