Thursday, July 28, 2011
Cross-Racial Identification, Conditional Discharge Bar to PTI, and Consent to Enter Apartment Does Not Mean Consent to Search
Defendant Discharged from the Municipal “Conditional Discharge Program” cannot Be Admitted into
Pretrial Intervention Program.
In State v. O’Brien the Appellate Division held that a defendant who was admitted and successfully discharged from the conditional discharge program pursuant to N.J.S.A. 2C:36A-1 cannot be admitted over the prosecutor’s objections to the Pretrial Intervention Program pursuant to Rule 3:28.
Defendant Entitled to Cross-Racial Identification
Jury Instructions where Identification is a
Critical Issue and No Independent Corroboration of
In State v. Walker the Appellate Division held that when identification is a critical issue in cross-racial identification, and there is no independent cooperation of the suspect’s identity, the Court must give the jury the cross-racial identification charge.
This case reaffirms the New Jersey Supreme Court’s seminal case, State v. Cromedy which held that eye-witnesses experience a “cross-racial impairment” when identifying members of another race, with “decreased accuracy in the recognition of other-race faces that is not within the observer’s conscious control.
Police Officers Who Gain Entry into an off-Campus College Apartment by Consent, Investigating a Noise
Complaint, do Not Have a Right to Prance Around
the Apartment looking for Contraband.
In State v. Kaltner, the Appellate Division held that warrantless searches of homes are presumptively unreasonable, and accordingly, held that ecstasy pills found in plain view of an off-campus college apartment at Monmouth University, must be suppressed. In this case although the police officers had consent to enter the apartment, they did not have consent to search the apartment without a warrant. This holding was based on the additional fact that there was no apparent emergency which permitted the officers to fan out into the various rooms once inside the apartment. The community-caretaker exception was not applicable in this case and could not justify the search.
By: Vincent J. Sanzone, Jr., Esq.
Dated: July 28, 2011
Law Office of Vincent J. Sanzone, Jr.
Elizabeth, New Jersey
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