7/25/08 DWI Check Point In Ocean, NJ

Posted on July 25, 2008 by Tom Martin

Ocean Twp., NJ - Officers from the Ocean Township P.D. and other DWI task force members from Monmouth County will set up a DWI check point tonight in efforts to arrest people on suspicion of DWI and/or driving while intoxicated; including operators under the influence of drugs.

The time and location of the DWI checkpoint will be from 11:00 p.m.  tonight until 3:00 a.m. tomorrow on Route 35 north.  The members of the task force and Ocean Township police officers will direct vehicles from the northbound lanes of travel onto Bingham Avenue to check for intoxicated drivers.

In the event, that you are arrested for DWI and/or driving while intoxicated, you should consult an attorney to determine if the police complied with the specific mandates for checkpoints. If the police failed to comply with the requirements, you may be able to have your DWI case dismissed.

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Illegal Search-Seven Exceptions to the Warrant Requirement

Posted on July 16, 2008 by Tom Martin

As a general rule, warrantless searches are presumptively invalid and prohibited unless they fall under one of the various exceptions to the search warrant requirement. As set forth in the Supreme Court of New Jersey decision of State v. Hill, 115 NJ 169, 173 (1989) these exceptions relate to:

1) Motor vehicle searches under certain parameters;

2) Consent searches;

3) Exigent circumstances;

4) Search incident to arrest;

5) Plain view/Plain smell and related issues;

6) Investigative and protective measures; and

7) Regulatory and administrative authority.

It is important for you to know that under the Fourth Amendment to the United States Constitution which is applicable to New Jersey law, that: "The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The burden for establishing the validity of a warrantless search is upon the police and prosecutor. The first exception we will address in the coming week is the "automobile or car exception.

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