Law Offices of Michael T. Nolan, Jr.

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September 2011 Archives

Ankle Bracelet Law for Sex Offenders Not Retroactive

A New Jersey Appeals Court recently ruled that a 2007 law requiring electronic monitoring and supervision of sex offenders is punitive in nature, and therefore cannot be applied retroactively.  In Riley v. Parole Board, the Appellate Division of our State Superior Court held that retroactive application of the law violates the United States Constitution's ex post facto clause (that is, a law that punishes certain conduct cannot be applied to offenses committed prior to  that law's enactment).  The Court held that the law could be applied prospectively only (i.e., going forward, to sex offense convictions occurring after the law went into effect in 2007).

Supreme Court Modifies Rules on Eyewitness Identification in Felony and Misdemeanor Cases

In a pair of companion cases recently decided, the New Jersey Supreme Court has modified the current legal standard for analyzing the reliability of eyewitness identifications in both felony and misdemeanor prosecutions.

Excessive Texting by Ex-Husband Not Necessarily Harassment

The Appellate Division of the New Jersey State Superior Court recently ruled that repeated, angry text messages from one divorced parent to another do not necessarily rise to the level of harassment for purposes of obtaining a Final Restraining Order under the Prevention of Domestic Violence Act.

Warrantless Entry of Home Results in Dismissal of Drug Charge

It is well settled law in the State of New Jersey that the police may not enter a private home without a search warrant, unless there exists probable cause to believe that a criminal offense is being committed and exigent circumstances (i.e., emergency situations such as hot pursuit of a fleeing felon) are present.  In State v. Holland, the New Jersey Supreme Court held that both probable cause and exigent circumstances are necessary prerequisites to the warrantless entry of a home by the police, and that minor offenses are insufficient to establish exigent circumstances justifying a warrantless home entry.  This holding by our Supreme Court was grounded principally in the 4th Amendment to the United States Constitution, which prohibits motion to suppress .

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