{"id":5462,"date":"2011-07-10T09:03:23","date_gmt":"2011-04-21T06:46:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-04-21T06:46:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5462","title":{"rendered":"NJ: Conflict of laws: NY search was at worst a technical violation, which does not lead to exclusion"},"content":{"rendered":"

Defendant was accused of a murder in NJ and he fled to NY. The NJ court found no constitutional error in the NY search warrant that NY would have suppressed the evidence if the prosecution was there. If there was a violation of NY law, it was technical at best, and that is not a ground for suppression under NY law. State v. Nguyen<\/a>, 419 N.J. Super. 413, 17 A.3d 256 (N.J. Super. 2011):<\/p>\n

Although we have not located any New York case that declined to apply the exclusionary rule to evidence obtained as a result of a search or arrest beyond the boundaries of a police officer’s statutory jurisdiction, New York courts have held in other contexts that violations of statutes that do not affect substantial rights are not grounds for suppression of evidence. … Therefore, if defendant had been prosecuted for a violation of the New York statutes relating to unregistered firearms, it is unlikely a New York court would have suppressed evidence of the handgun that Detectives Rinaldi and Braun discovered in the roof of the Honda based on the violation of section 690.25 of the New York Criminal Procedure Law.<\/p>\n

In any event, our courts are not bound, in a prosecution in New Jersey, by the remedy a court of another jurisdiction would apply for a violation of a statute governing search warrants in that state. See Evers, supra, 175 N.J. at 376-80, 815 A.2d 432.<\/p>\n

Finally, we emphasize that any violation of section 690.25 of the New York Criminal Procedure Law was technical only. The representatives of the Somerset County Prosecutor’s Office obtained the assistance of New York City police officers in applying for warrants to search the house where defendant was residing and the car he drove away from the murder scene. A Somerset County detective supplied most of the information contained in the affidavit in support of the warrants and appeared with New York police officers when the application was made.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5462","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5462","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5462"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5462\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5462"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5462"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5462"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}