{"id":55019,"date":"2023-05-30T00:00:00","date_gmt":"2023-05-30T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55019"},"modified":"2023-05-30T04:39:53","modified_gmt":"2023-05-30T09:39:53","slug":"nj-disputes-in-the-facts-on-appeal-show-trial-court-should-have-held-a-hearing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55019","title":{"rendered":"NJ: Disputes in the facts on appeal show trial court should have held a hearing"},"content":{"rendered":"\n<p>\u201c[W]e are persuaded the conflicting statements of fact presented by the State and defendant establish disputes of material fact warranting a testimonial hearing. The State claimed the search was justified under the plain view exception to the warrant requirement. Thus, the court correctly found defendant&#8217;s motion turned on whether Officer Russell actually observed the handle of the handgun in defendant&#8217;s pocket in plain view from his vantage point in the front of the vehicle.\u201d This was all subject to de novo review. <a href=\"https:\/\/www.njcourts.gov\/system\/files\/court-opinions\/2023\/a1243-22.pdf\">State v. Jones<\/a>, 2023 N.J. Super. LEXIS 57 (May 26, 2023).*<\/p>\n\n\n\n<p>The fact an officer could arrest someone is different than the question of whether the officer did. Here, there was no arrest and no reasonable suspicion for a patdown. United States v. Parker, 2023 U.S. Dist. LEXIS 91766 (N.D. Iowa May 4, 2023).*<\/p>\n\n\n\n<p>The officer sought and obtained consent during a valid traffic stop. The consent was voluntary. United States v. Watts, 2023 U.S. Dist. LEXIS 92017 (E.D. Ark. May 25, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201c[W]e are persuaded the conflicting statements of fact presented by the State and defendant establish disputes of material fact warranting a testimonial hearing. The State claimed the search was justified under the plain view exception to the warrant requirement. Thus, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55019\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[111],"tags":[],"class_list":["post-55019","post","type-post","status-publish","format-standard","hentry","category-suppression-hearings"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55019","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=55019"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55019\/revisions"}],"predecessor-version":[{"id":55022,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55019\/revisions\/55022"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55019"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55019"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55019"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}