2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Thursday, May 22, 2008

State v. Quinn Marshall

State v. Quinn Marshall
01-29-08 A-3397-05T4

A judge issued a search warrant for an apartment in a
multiple unit structure but required that the police further
investigate which of two apartments was allegedly involved in
criminality; he did not require that the police return with this
additional, necessary information, but instead issued the
warrant on the condition that it not be executed until that
additional information was obtained. The court concluded that
this process violated the constitutional requirement that a
search warrant be issued by a "neutral and detached magistrate"
because the judge ceded his authority to the discretion of the