HOWLAND, HESS, GUINAN, TORPEY, CASSIDY, O'CONNELL & BIRNBAUM, LLP
215-947-6240
  • Home
  • Practice Areas
    • Business & Corporate Law
    • Commercial Litigation
    • Construction Law & Litigation
    • Criminal Defense >
      • License Suspension
      • D.U.I. >
        • General Information
        • Blood Alcohol Content
        • Little Known Facts
        • Penalties
    • Elder Law
    • Estate Administration, Litigation & Will Contests
    • Family Law >
      • Custody and Visitation
      • Child Support
      • Spousal Support/Alimony
      • Divorce and Equitable Distribution
    • Personal Injury
    • Real Estate, Zoning & Land Use
    • Wills & Trusts, Estate & Tax Planning
    • Worker's Compensation
  • About Our Firm
  • Our Attorneys
    • David W. Birnbaum
    • Michael W. Cassidy
    • Thomas M. Guinan
    • Bruce D. Hess
    • John R. Howland
    • Dennis R. Meakim
    • George P. O'Connell
    • Richard I. Torpey
    • Remembering Robert G. Hess
    • Our Personnel
  • Client Resources
    • Blog
    • News & Events
  • Contact Us

Driving in New Jersey? Know Your Rights!

10/9/2015

0 Comments

 
Picture


Whether you're a New Jersey resident or just a traveler to the Shore, the State Supreme Court's September, 2015 decision in State v. Witt just put a major dent in personal your rights while operating a vehicle in the State.

On September 24, 2015, the New Jersey Supreme Court announced that it will be turning back the clock and reverting to the rules of 1981 for warrantless searches of vehicles. Previous to this ruling, in order to search your vehicle without a warrant, a police officer needed probable cause (explained below) and was also required to demonstrate that an exigent circumstance (essentially, an emergency situation) justified the warrantless search (probable cause + exigent circumstance = warrantless search). Now, as a result of this ruling, police may search a vehicle without a warrant and without an exigent circumstance provided the searching officer has probable cause to believe it contains contraband or evidence of a crime (probable cause = warrantless search).

You may be wondering, what is "probable cause"? A scholarly professor in the field of criminal procedure once explained it as an officer's belief that there's a fair probability (roughly estimated between 28% and 34%) that a crime has or is being committed, or that there is something of evidentiary value (like a gun, drugs, etc.) in the vehicle. The basis for this decision appears, in large part, to be the expediting of the process of a traffic stop. However, important civil liberties previously enjoyed by vehicle operators in New Jersey are being sacrificed.

What this means for you is that it now much easier for police to search your car without your consent and without first obtaining a warrant. In evaluating New Jersey's decision in Witt, it's important that you know that while probable cause is a relatively low threshold it can be attacked by a skilled attorney in the field of criminal law. In addition to attacking the officer's determination of probable cause, the officer's reason for pulling you over in the first place is a matter which must be addressed and should be questioned by an experienced attorney.

If you've recently been involved in an automobile stop and search in New Jersey and are facing criminal charges resulting therefrom, it is important you know your rights. The legal team at Howland, Hess, Guinan, Torpey, Cassidy and O'Connell LLP are available to explain and defend your rights today.

Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O'Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O'Connell encourage all readers to seek and consult professional counsel before acting upon the information contained on this site.
 
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Categories

    All
    About Howland Hess O'Connell
    About Us
    Accelerated Rehabilitative Disposition
    Act 33
    Age
    Anti-Texting Law
    Arbitration
    ARD
    Ban The Box
    Business
    Business Entity Sued
    Business Law
    Civil
    Color
    Contract Law
    Contractor Subcontractor
    Corporate Law
    Criminal Defense
    Criminal Law
    Criminal Records
    Drowsy Driving
    DUI
    DUI Checkpoint
    DUI Crackdown
    Education Law
    Elder Law
    Employee
    Employer
    Employment Discrimination
    Employment Law
    Environmental Protection
    Estate Planning
    Expungement
    First Time Offender
    Howland Hess O'Connell
    Identity Theft
    Ignition Interlock System
    License Suspension
    Local News
    Motor Vehicle
    Motor Vehicle Accident
    National Origin
    Neighbor Disputes
    Operation Orange Squeeze
    Penndot
    Pennsylvania DUI
    Power Of Attorney
    Property Law
    Race
    Real Estate Transaction
    Religion
    Sealing
    Sex
    Social Security
    Social Security Disability
    SSDI
    Traffic Violation
    Underage Drinking
    Underage DUI
    Workers' Compensation

    RSS Feed

The law office of Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP is located in Huntingdon Valley, Southeastern Pennsylvania, and serves clients in Bucks County, Chester County, Delaware County, Montgomery County and Philadelphia County, including the towns of: Abington, Ambler, Blue Bell, Cheltenham, Conshohocken, Doylestown, Elkins Park, Glenside, Hatboro, Hilltown, Horsham, Huntingdon Valley, Jenkintown, King of Prussia, Lansdale Springfield, Montgomeryville, New Britain, Norristown, Plymouth Meeting, Upper Dublin, Upper Moreland, Warminster, Warrington and Willow Grove.

The attorneys at Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP also serve clients throughout Southern New Jersey including Atlantic County, Burlington County, Camden County, Cape May County, Cumberland County, Gloucester County, and Salem County.

Practice Areas

Business & Corporate Law
Commercial Litigation
Construction Law & Litigation​
Criminal Defense
D.U.I.
Elder Law
Estate Administration, Litigation and Will Contests
Family Law
License Suspension
Personal Injury
Real Estate, Zoning & Land Use
Wills & Trusts, Estate & Tax Planning
Worker's Compensation

Sitemap

Home
Practice Areas
About Our Firm
Our Attorneys
Resources
News & Events
Contact Us

Contact Us

Contact us Today!

Connect with Us

Our Attorneys

David W. Birnbaum
Michael W. Cassidy
Thomas M. Guinan
Bruce D. Hess
John R. Howland
Dennis R. Meakim
George P. O'Connell
Richard I. Torpey
Remembering Robert G. Hess

Find Us - Directions

Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP.
2444 Huntingdon Pike
Bethayres, PA 19006

Phone: 215-947-6240
Fax: 215-947-6254

info@howlandhess.com
Howland, Hess, Guinan, Torpey, Cassidy, O'Connell & Birnbaum, LLP. All rights reserved. Review our disclaimer.
Powered by Toodles Creative Media