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".

Monday, July 27, 2009

7-21-09 State v. Marshall (A-33-08)

7-21-09 State v. Quinn Marshall (A-33-08)
The search warrant was issued in violation of the constitutional
requirement to describe the place to be searched with
particularity. Because police were authorized to determine if
the conditions in the warrant were satisfied, the role of the
neutral, detached magistrate was delegated to the police. The
failure to comply with the particularity requirement and the
failure to have a neutral and detached magistrate determine
whether the conditions in the warrant were satisfied are
constitutional violations, not technical insufficiencies
justifying overlooking the deficiencies in the warrant.

Richard Sadowski
Assistant Editor