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SEARCH WARRANT INSUFFICIENT

By Lependorf & Silverstein

On January 29, 2008 the New Jersey Appellate Division in State v. Marshall decided that the trial judge erred in denying a suppression motion with regard to a search warrant that was issued without sufficient specificity. The police were investigating Allen Daniels, a suspected New Jersey drug dealer. Daniels and another individual were observed by police entering 105 Wayne Avenue in Trenton, and soon thereafter, police saw Daniels and the defendant walk out and drive away. Based on this information, the police applied to a Superior Court judge for a search warrant. The problem arose when it was determined that there were actually two separate units inside 105 Wayne Avenue and the police did not know which one Daniels lived in. The police requested a search warrant for the apartment ?to which Daniels has possession, custody, control or access...continue to full post

Full post as published by New Jersey Criminal Defense Blog on February 12, 2008 (boomark / email).