njcourts.gov
… including first-degree murder, first-degree conspiracy to commit murder, and first-degree felony murder. Thereafter, … IV THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AND TO BE FREE FROM UNREASONABLE SEARCH AND SEIZURE AS GUARANTEED BY … to support defendant's contention. As defendant correctly points out, our Supreme Court has recently reiterated that …
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njcourts.gov
… including first-degree murder, first-degree conspiracy to commit murder, and first-degree felony murder. Thereafter, … IV THE DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AND TO BE FREE FROM UNREASONABLE SEARCH AND SEIZURE AS GUARANTEED BY … to support defendant's contention. As defendant correctly points out, our Supreme Court has recently reiterated that …
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njcourts.gov
… at the same casino-hotel where the present crimes were committed in February 2018—thirteen years after the article … Amendments." 602 U.S. at 842. The Court added, "[i]n a free society respectful of the individual, a criminal … that opinion comments freely and repeatedly on other points made in the other Justices' opinions. It appears, …
njcourts.gov
… which was entered after a jury convicted him of committing second-degree certain persons not to possess a … to give a reasonable person the impression they [were] not free to leave. As such, [d]efendant was not forced to … followed. II. On appeal, defendant argues the following points: POINT I THE GUN THE POLICE RECOVERED SHOULD HAVE …
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njcourts.gov
… which was entered after a jury convicted him of committing second-degree certain persons not to possess a … to give a reasonable person the impression they [were] not free to leave. As such, [d]efendant was not forced to … followed. II. On appeal, defendant argues the following points: POINT I THE GUN THE POLICE RECOVERED SHOULD HAVE …
njcourts.gov
… 1 Defendant was indicted for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 15-1(a)(1) (count one); … has been taken into custody or otherwise deprived of his freedom of action in any significant way." Miranda, 384 U.S. … there has been a significant deprivation of the suspect's freedom of action based on the objective circumstances[.]" …
njcourts.gov
… facts from the record. On November 6, 2015, defendant committed three armed robberies in Paterson by pointing a … truthful, and he initialed and signed the form of his own free will. He also acknowledged he understood his sentencing … Defendant acknowledged he was pleading guilty of his own free will and because he was, in fact, guilty. He then …
njcourts.gov
… conviction for second- degree possession of a firearm while committing a violation of N.J.S.A. 2C:35- 5, N.J.S.A. … police station. On appeal, defendant raises the following points for this court's consideration: POINT I THE SEIZURE … depending on the event's impact on an individual's freedom to leave the scene. First, a "field inquiry is …
njcourts.gov
… shocks our judicial conscience given the multiple crimes committed by defendant, we affirm. 3 A-1451-20 I. The … was consistent with Yarbough's charge that there are no free crimes and the mandatory nature of parole ineligibility … the Yarbough factor directing that "there can be no free crimes," Yarbough, 100 N.J. at 643, with the need for …
njcourts.gov
… plate and a missing or nonfunctional rear light. Herbert, accompanied in the patrol car by a Detective Grogan,2 also … warrant. Herbert explained that Giardina and defendant were free to leave, but that the car would stay until the dog … credible, he also found Giardina's consent to have been freely, knowingly, and voluntarily given. It was Giardina 6 …
njcourts.gov
… In exchange for the guilty plea, the State agreed to recommend defendant be sentenced as a third-degree offender, … relief (PCR). On appeal, defendant raises the following points: POINT I DEFENDANT PLED GUILTY AS A RESULT OF … entered his plea knowingly, intelligently, voluntarily, and free from threat or outside promise. The judge further found …
njcourts.gov
… second-degree possession of a firearm in the course of committing a drug offense (N.J.S.A. 2C:39-4.1(a)). Defendant … did not find anything illegal defendant would probably be free to go in fifteen minutes. Defendant then said, "I'll … form, that his permission was given voluntarily of his own free will, without coercion, fear or threat. At this point, …
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njcourts.gov
… conviction for second- degree possession of a firearm while committing a violation of N.J.S.A. 2C:35- 5, N.J.S.A. … police station. On appeal, defendant raises the following points for this court's consideration: POINT I THE SEIZURE … depending on the event's impact on an individual's freedom to leave the scene. First, a "field inquiry is …
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njcourts.gov
… shocks our judicial conscience given the multiple crimes committed by defendant, we affirm. 3 A-1451-20 I. The … was consistent with Yarbough's charge that there are no free crimes and the mandatory nature of parole ineligibility … the Yarbough factor directing that "there can be no free crimes," Yarbough, 100 N.J. at 643, with the need for …
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njcourts.gov
… 1 Defendant was indicted for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 15-1(a)(1) (count one); … has been taken into custody or otherwise deprived of his freedom of action in any significant way." Miranda, 384 U.S. … there has been a significant deprivation of the suspect's freedom of action based on the objective circumstances[.]" …
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njcourts.gov
… facts from the record. On November 6, 2015, defendant committed three armed robberies in Paterson by pointing a … truthful, and he initialed and signed the form of his own free will. He also acknowledged he understood his sentencing … Defendant acknowledged he was pleading guilty of his own free will and because he was, in fact, guilty. He then …
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njcourts.gov
… plate and a missing or nonfunctional rear light. Herbert, accompanied in the patrol car by a Detective Grogan,2 also … warrant. Herbert explained that Giardina and defendant were free to leave, but that the car would stay until the dog … credible, he also found Giardina's consent to have been freely, knowingly, and voluntarily given. It was Giardina 6 …
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njcourts.gov
… In exchange for the guilty plea, the State agreed to recommend defendant be sentenced as a third-degree offender, … relief (PCR). On appeal, defendant raises the following points: POINT I DEFENDANT PLED GUILTY AS A RESULT OF … entered his plea knowingly, intelligently, voluntarily, and free from threat or outside promise. The judge further found …
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njcourts.gov
… second-degree possession of a firearm in the course of committing a drug offense (N.J.S.A. 2C:39-4.1(a)). Defendant … did not find anything illegal defendant would probably be free to go in fifteen minutes. Defendant then said, "I'll … form, that his permission was given voluntarily of his own free will, without coercion, fear or threat. At this point, …
njcourts.gov
… surveillance in the Town of Passaic, in response to complaints of drug activity in the area. The surveillance … do so, and do so even without being told that they are free to not respond, hardly eliminates the consensual nature … cause both to arrest her and to search her vehicle. On both points, we disagree. An officer has probable cause to arrest …