Replay – Identifying and Mastering Search and Seizure Issue

Best of NJICLE Replay
Don't miss this opportunity to catch up on the Identifying and Mastering Search and Seizure Issue program you missed!

Presented in cooperation with the NJSBA Criminal Law Section

 A motion to suppress evidence can pose a challenge to both the prosecutor and defense attorney. For one thing, in view of the "escalating" plea policy enforced by prosecutors in many cases, it is important for the attorneys on both sides to carefully gauge the likely outcome of a suppression motion before the hearing is convened. Furthermore, the sheer volume of published search and seizure cases – addressing scores of legal principles – is daunting. It is not enough to have a library of "canned briefs" from which to cut-and-paste boilerplate. Lawyers must be able to help (and persuade) courts by applying broad legal principles to the specific facts of the present case.

This fast-paced, nuts and bolts presentation is designed to simplify the analytical process. It offers a template that attorneys can use to quickly dissect search-and-seizure fact patterns, especially those that involve swiftly evolving events that culminate in a warrantless search. The key is to break down a complex scenario into a series of sequential steps reflecting the actions taken by police in view of the information known at the instant each police decision is made. The analytical template is essentially a series of questions an advocate should be prepared to answer. The step-by-step analytical process recommended in the presentation can also be likened to the slow motion/freeze frame review of an NFL "coach's challenge."

The template is designed to help lawyers use legal terminology precisely, spot legal issues quickly, separate the wheat from the chaff by identifying the fact-sensitive legal issues that are in genuine dispute, and hone in on the specific facts and inferences that must be found on the record to inform and justify the court’s ultimate decision.

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Topics include:

• The Whirlwind Tour - Hon. Ronald Susswein, JAD
• Preparing a Motion to Suppress: Have You Thought of Everything? - Michelle S. Gasparian, Esq.
• State v. Smart/The Auto Exception/Plain Smell Doctrine - Prosecutor Angelo Onofri
• Caselaw Update - John P. Velez, Esq.
  Among the decisions to be discussed:
  • State v. Gray
  • State v. Bookman
  • State v. Scott
  • State v. Ingram
  • State c. Smith
• Federal v. State Law - Blair R. Zwillman, Esq.
  • Substantive and procedural differences
  • Good faith/bad faith and probable cause
  • Scope and limits of exclusionary rule
  • …and more