search violation (New Jersey) · Go Syfert
← New Jersey issues

search violation in New Jersey

13 New Jersey opinions name it 2 courts 1957–2025 3 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
State v. Novembrinogreen
nj · 1987 · cited in 2 New Jersey opinions naming this issue, 2004–2025
2 sentences

2025See [State v.] Novembrino, 105 N.J. 95, 127 (1987) (considering interaction with person known to have prior drug- related arrest as factor in totality of circumstances); State v. Ebron, 61 N.J. 207, 213 (1972) (explaining that if defendant was a known drug user, that fact may be considered during probable-cause analysis). [Id. at 390-391.] III.

2004See Novembrino, supra, 105 N.J. at 127 , 519 A.2d at 839 (considering interaction with person known to have prior drug-related arrest as factor in totality of circumstances); State v. Ebron, 61 N.J. 207, 213 , 294 A.2d 1, 4 (1972) (explaining that if defendant was known drug user, that fact may be considered during probable-cause analysis).

22
State v. Ebrongreen
nj · 1972 · cited in 2 New Jersey opinions naming this issue, 2004–2025
2 sentences

2025See [State v.] Novembrino, 105 N.J. 95, 127 (1987) (considering interaction with person known to have prior drug- related arrest as factor in totality of circumstances); State v. Ebron, 61 N.J. 207, 213 (1972) (explaining that if defendant was a known drug user, that fact may be considered during probable-cause analysis). [Id. at 390-391.] III.

2004See Novembrino, supra, 105 N.J. at 127 , 519 A.2d at 839 (considering interaction with person known to have prior drug-related arrest as factor in totality of circumstances); State v. Ebron, 61 N.J. 207, 213 , 294 A.2d 1, 4 (1972) (explaining that if defendant was known drug user, that fact may be considered during probable-cause analysis).

22
Katz v. United Statesgreen
scotus · 1967 · cited in 2 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020To determine whether law enforcement has conducted a search in violation of the Fourth Amendment of the United States Constitution, the judge must consider two prongs: (1) whether "a person . . . exhibited an actual (subjective) expectation of privacy" and (2) whether "the expectation [is] one that society is prepared to recognize as 'reasonable.'" State v. Hempele, 120 N.J. 182, 198 (1990) (quoting Katz v. United States, 389 U.S. 347, 361 (1967) (Harlan, J., concurring)).

2020To determine whether law enforcement has conducted a search in violation of the Fourth Amendment of the United States Constitution, the judge must consider two prongs: (1) whether "a person . . . exhibited an actual (subjective) expectation of privacy" and (2) whether "the expectation [is] one that society is prepared to recognize as 'reasonable.'" State v. Hempele, 120 N.J. 182, 198 (1990) (quoting Katz v. United States, 389 U.S. 347, 361 (1967) (Harlan, J., concurring)).

22
State v. Hempelegreen
nj · 1990 · cited in 2 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020To determine whether law enforcement has conducted a search in violation of the Fourth Amendment of the United States Constitution, the judge must consider two prongs: (1) whether "a person . . . exhibited an actual (subjective) expectation of privacy" and (2) whether "the expectation [is] one that society is prepared to recognize as 'reasonable.'" State v. Hempele, 120 N.J. 182, 198 (1990) (quoting Katz v. United States, 389 U.S. 347, 361 (1967) (Harlan, J., concurring)).

2020To determine whether law enforcement has conducted a search in violation of the Fourth Amendment of the United States Constitution, the judge must consider two prongs: (1) whether "a person . . . exhibited an actual (subjective) expectation of privacy" and (2) whether "the expectation [is] one that society is prepared to recognize as 'reasonable.'" State v. Hempele, 120 N.J. 182, 198 (1990) (quoting Katz v. United States, 389 U.S. 347, 361 (1967) (Harlan, J., concurring)).

22
State v. Valentinegreen
nj · 1994 · cited in 2 New Jersey opinions naming this issue, 2004–2025
2 sentences

2025In addition, because we have recognized that a suspect's criminal record may be considered when determining probable cause to arrest, State v. Valentine, 134 N.J. 536, 550 (1994), it follows that a suspect's criminal record is also germane to a search analysis.

2004In addition, because we have recognized that a suspect’s criminal record may be considered when determining probable cause to arrest, State v. Valentine, 134 N.J. 536, 550 , 636 A.2d 505 , 512 *391 (1994), it follows that a suspect’s criminal history is also germane to a search analysis.

12
State v. Jonesgreen
nj · 2004 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025See Jones, 179 N.J. at 391 ("[A] suspect's criminal history is . . . germane to a search analysis.").

11
United States v. John Roger Sager, United States of America v. Jay Houston Harmongreen
ca8 · 1984 · cited in 1 New Jersey opinions naming this issue, 1987–1987
2 sentences

1987As the Eighth Circuit noted in United States v. Sager, 743 F.2d 1261, 1264-65 (1984), cert, denied, 469 U.S. 1217 , 105 S.Ct. 1196 , 84 L.Ed.2d 341 (1985), on the day Leon was decided the Supreme Court granted certiorari and vacated the judgments in several fourth-amendment cases, remanding them for further consideration in light of Leon. 16 Moreover, those federal circuit courts that have addressed the issue have uniformly concluded that Leon has retroactive application.

1987As the Eighth Circuit noted in United States v. Sager, 743 F. 2d 1261, 1264-65 (1984), cert. denied, 469 U.S. 1217 , 105 S.Ct. 1196 , 84 L.Ed. 2d 341 (1985), on the day Leon was decided the Supreme Court granted certiorari and vacated the judgments in several fourth-amendment cases, remanding them for further consideration in light of Leon . [16] *131 Moreover, those federal circuit courts that have addressed the issue have uniformly concluded that Leon has retroactive application.

11
United States v. John Capragreen
ca2 · 1974 · cited in 1 New Jersey opinions naming this issue, 1979–1979
2 sentences

1979The Court of Appeals affirmed the validity of the automobile search although a new trial was ordered on other grounds. 501 F. 2d 267, 279-280 (2d Cir. 1974).

1979The Court of Appeals affirmed the validity of the automobile search although a new trial was ordered on other grounds. 501 F. 2d 267, 279-280 (2d Cir.1974).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
State v. Premone green
njsuperctappdiv · 2002
1 sentence

2021In reaching its conclusion, the trial court distinguished our decision in State v. Premone, 348 N.J.

12021–2021
People v. Mitchell green
illappct · 2005
2 sentences

2012Id. 291 Ill.Dec. 786 , 824 N.E.2d at 648-50 .

2012Id. 291 Ill.Dec. 786 , 824 N.E.2d at 648-50 .

12012–2012
Oregon v. Elstad green
scotus · 1985
2 sentences

2002The Wong Sun doctrine applies as well when the fruit of the Fourth Amendment violation is a confession." 470 U.S. at 305-06 , 105 S.Ct. at 1291, 84 L.Ed. 2d at 230 .

2002The Wong Sun doctrine applies as well when the fruit of the Fourth Amendment violation is a confession." 470 U.S. at 305-06 , 105 S.Ct. at 1291, 84 L.Ed. 2d at 230 .

12002–2002
Wong Sun v. United States green
scotus · 1963
2 sentences

2002Referring to the "fruit of the poisonous tree doctrine," the Supreme Court in Elstad, supra, observed: "This figure of speech is drawn from Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed. 2d 441 (1963), in which the Court held that evidence and witnesses discovered as a result of a search in violation of the Fourth Amendment must be excluded from evidence.

2002Referring to the "fruit of the poisonous tree doctrine," the Supreme Court in Elstad, supra, observed: "This figure of speech is drawn from Wong Sun v. United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed. 2d 441 (1963), in which the Court held that evidence and witnesses discovered as a result of a search in violation of the Fourth Amendment must be excluded from evidence.

12002–2002
United States v. Santos green
nysd · 1997
1 sentence

1999Ibid.

11999–1999
See v. City of Seattle green
scotus · 1967
2 sentences

1987Super. at 55 ); whether the intrusion involves a search or only an inquiry ( see, e.g., Martinez-Fuerte, 428 U.S. at 565 , 96 S.Ct. at 3086 ), and whether the intrusion is of the person ( see, e.g., Davis, 104 N.J. 490 ) or a residence ( see, e.g., Camara, 387 U.S. at 530-531 , 87 S.Ct. at 1731-32 ) or an automobile ( see, e.g., Martinez-Fuerte, 428 U.S. at 545-546 , 96 S.Ct. at 3077 ), or commercial premises ( see, e.g., See v. City of Seattle, 387 U.S. at 543-544 , 87 S.Ct. at 1739 ).

1987Super. at 55 ); whether the intrusion involves a search or only an inquiry ( see, e.g., Martinez-Fuerte, 428 U.S. at 565 , 96 S.Ct. at 3086 ), and whether the intrusion is of the person ( see, e.g., Davis, 104 N.J. 490 ) or a residence ( see, e.g., Camara, 387 U.S. at 530-531 , 87 S.Ct. at 1731-32 ) or an automobile ( see, e.g., Martinez-Fuerte, 428 U.S. at 545-546 , 96 S.Ct. at 3077 ), or commercial premises ( see, e.g., See v. City of Seattle, 387 U.S. at 543-544 , 87 S.Ct. at 1739 ).

11987–1987
Camara v. Municipal Court of City and County of San Francisco green
scotus · 1967
2 sentences

1987Super. at 55 ); whether the intrusion involves a search or only an inquiry ( see, e.g., Martinez-Fuerte, 428 U.S. at 565 , 96 S.Ct. at 3086 ), and whether the intrusion is of the person ( see, e.g., Davis, 104 N.J. 490 ) or a residence ( see, e.g., Camara, 387 U.S. at 530-531 , 87 S.Ct. at 1731-32 ) or an automobile ( see, e.g., Martinez-Fuerte, 428 U.S. at 545-546 , 96 S.Ct. at 3077 ), or commercial premises ( see, e.g., See v. City of Seattle, 387 U.S. at 543-544 , 87 S.Ct. at 1739 ).

1987Super. at 55 ); whether the intrusion involves a search or only an inquiry ( see, e.g., Martinez-Fuerte, 428 U.S. at 565 , 96 S.Ct. at 3086 ), and whether the intrusion is of the person ( see, e.g., Davis, 104 N.J. 490 ) or a residence ( see, e.g., Camara, 387 U.S. at 530-531 , 87 S.Ct. at 1731-32 ) or an automobile ( see, e.g., Martinez-Fuerte, 428 U.S. at 545-546 , 96 S.Ct. at 3077 ), or commercial premises ( see, e.g., See v. City of Seattle, 387 U.S. at 543-544 , 87 S.Ct. at 1739 ).

11987–1987
State v. Davis green
nj · 1986
1 sentence

1987Super. at 55 ); whether the intrusion involves a search or only an inquiry ( see, e.g., Martinez-Fuerte, 428 U.S. at 565 , 96 S.Ct. at 3086 ), and whether the intrusion is of the person ( see, e.g., Davis, 104 N.J. 490 ) or a residence ( see, e.g., Camara, 387 U.S. at 530-531 , 87 S.Ct. at 1731-32 ) or an automobile ( see, e.g., Martinez-Fuerte, 428 U.S. at 545-546 , 96 S.Ct. at 3077 ), or commercial premises ( see, e.g., See v. City of Seattle, 387 U.S. at 543-544 , 87 S.Ct. at 1739 ).

11987–1987
United States v. Martinez-Fuerte green
scotus · 1976
2 sentences

1987Super. at 55 ); whether the intrusion involves a search or only an inquiry ( see, e.g., Martinez-Fuerte, 428 U.S. at 565 , 96 S.Ct. at 3086 ), and whether the intrusion is of the person ( see, e.g., Davis, 104 N.J. 490 ) or a residence ( see, e.g., Camara, 387 U.S. at 530-531 , 87 S.Ct. at 1731-32 ) or an automobile ( see, e.g., Martinez-Fuerte, 428 U.S. at 545-546 , 96 S.Ct. at 3077 ), or commercial premises ( see, e.g., See v. City of Seattle, 387 U.S. at 543-544 , 87 S.Ct. at 1739 ).

1987Super. at 55 ); whether the intrusion involves a search or only an inquiry ( see, e.g., Martinez-Fuerte, 428 U.S. at 565 , 96 S.Ct. at 3086 ), and whether the intrusion is of the person ( see, e.g., Davis, 104 N.J. 490 ) or a residence ( see, e.g., Camara, 387 U.S. at 530-531 , 87 S.Ct. at 1731-32 ) or an automobile ( see, e.g., Martinez-Fuerte, 428 U.S. at 545-546 , 96 S.Ct. at 3077 ), or commercial premises ( see, e.g., See v. City of Seattle, 387 U.S. at 543-544 , 87 S.Ct. at 1739 ).

11987–1987
Harmon v. United States green
scotus · 1985
2 sentences

1987As the Eighth Circuit noted in United States v. Sager, 743 F.2d 1261, 1264-65 (1984), cert, denied, 469 U.S. 1217 , 105 S.Ct. 1196 , 84 L.Ed.2d 341 (1985), on the day Leon was decided the Supreme Court granted certiorari and vacated the judgments in several fourth-amendment cases, remanding them for further consideration in light of Leon. 16 Moreover, those federal circuit courts that have addressed the issue have uniformly concluded that Leon has retroactive application.

1987As the Eighth Circuit noted in United States v. Sager, 743 F. 2d 1261, 1264-65 (1984), cert. denied, 469 U.S. 1217 , 105 S.Ct. 1196 , 84 L.Ed. 2d 341 (1985), on the day Leon was decided the Supreme Court granted certiorari and vacated the judgments in several fourth-amendment cases, remanding them for further consideration in light of Leon . [16] *131 Moreover, those federal circuit courts that have addressed the issue have uniformly concluded that Leon has retroactive application.

11987–1987
Stambaugh's Air Service, Inc. v. National Labor Relations Board green
scotus · 1985
2 sentences

1987As the Eighth Circuit noted in United States v. Sager, 743 F.2d 1261, 1264-65 (1984), cert, denied, 469 U.S. 1217 , 105 S.Ct. 1196 , 84 L.Ed.2d 341 (1985), on the day Leon was decided the Supreme Court granted certiorari and vacated the judgments in several fourth-amendment cases, remanding them for further consideration in light of Leon. 16 Moreover, those federal circuit courts that have addressed the issue have uniformly concluded that Leon has retroactive application.

1987As the Eighth Circuit noted in United States v. Sager, 743 F. 2d 1261, 1264-65 (1984), cert. denied, 469 U.S. 1217 , 105 S.Ct. 1196 , 84 L.Ed. 2d 341 (1985), on the day Leon was decided the Supreme Court granted certiorari and vacated the judgments in several fourth-amendment cases, remanding them for further consideration in light of Leon . [16] *131 Moreover, those federal circuit courts that have addressed the issue have uniformly concluded that Leon has retroactive application.

11987–1987
Otto v. United States green
scotus · 1985
2 sentences

1987As the Eighth Circuit noted in United States v. Sager, 743 F.2d 1261, 1264-65 (1984), cert, denied, 469 U.S. 1217 , 105 S.Ct. 1196 , 84 L.Ed.2d 341 (1985), on the day Leon was decided the Supreme Court granted certiorari and vacated the judgments in several fourth-amendment cases, remanding them for further consideration in light of Leon. 16 Moreover, those federal circuit courts that have addressed the issue have uniformly concluded that Leon has retroactive application.

1987As the Eighth Circuit noted in United States v. Sager, 743 F. 2d 1261, 1264-65 (1984), cert. denied, 469 U.S. 1217 , 105 S.Ct. 1196 , 84 L.Ed. 2d 341 (1985), on the day Leon was decided the Supreme Court granted certiorari and vacated the judgments in several fourth-amendment cases, remanding them for further consideration in light of Leon . [16] *131 Moreover, those federal circuit courts that have addressed the issue have uniformly concluded that Leon has retroactive application.

11987–1987
United States v. Capra green
nysd · 1973
2 sentences

1979Nevertheless, noting that “their [the officers’] rationale for their right to seize and search the vehicle is not conclusive,” he sustained the search under the principle of probable cause. 372 F. Supp. at 602 , 603 & n.2.

1979Nevertheless, noting that "their [the officers'] rationale for their right to seize and search the vehicle is not conclusive," he sustained the search under the principle of probable cause. 372 F. Supp. at 602 , 603 & n. 2.

11979–1979
Pacific Employers Insurance v. Industrial Accident Comm'n green
scotus · 1939
2 sentences

1957Unquestionably the place of an injury to a workman has substantial relational significance to the employment status, cf. Pacific Employees Insurance Co. v. Industrial Accident Commission, 306 U.S. 493 , 59 S.Ct. 629 , 83 L.Ed. 940 (1939); Carroll v. Lanza, supra .

1957Unquestionably the place of an injury to a workman has substantial relational significance to the employment status, cf. Pacific Employees Insurance Co. v. Industrial Accident Commission, 306 U.S. 493 , 59 S.Ct. 629 , 83 L.Ed. 940 (1939); Carroll v. Lanza, supra .

11957–1957

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:35-5 (5) NJ § N.J. Stat. § 2C:39-4.1 (3) NJ § N.J. Stat. § 2C:39-7 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 63 (1961–2025) IL 37 (1878–2021) TX 34 (1927–2024) NY 26 (1872–2025) MA 19 (1983–2018) OH 18 (1987–2021) GA 16 (1937–2020) AL 15 (1954–1989) PA 15 (1987–2025) IN 13 (1968–2024) NJ 13 (1957–2025) MI 13 (1964–2021) AR 13 (1986–2024) FL 12 (1987–2024) OR 12 (1943–2024) OK 12 (1942–1999) MO 11 (1924–2018) ND 10 (1983–2026) MN 9 (1965–2024) WA 9 (1981–2021) AZ 9 (1977–2023) ID 9 (1927–2024) MD 8 (1992–2016) CT 8 (1983–2015) MT 7 (1978–2015) IA 7 (1972–2024) NM 6 (1939–2013) VA 6 (1965–2025) MS 6 (1961–2025) TN 6 (1973–2021) LA 6 (1975–2025) WI 6 (1996–2023) UT 5 (1991–2021) NE 5 (1982–2020) KY 5 (1924–2020) NC 5 (2007–2020) WY 4 (1975–2013) DC 4 (1980–2008) VT 4 (1991–2025) SD 4 (1971–2017) CO 4 (1990–2024) KS 3 (2018–2025) HI 3 (1980–2016) VI 2 (1977–1998) NH 2 (1951–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check