Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
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Tuesday, June 21, 2011

State of New Jersey v. Handy A-108-09

04-26-2011

The dispatcher’s conduct -- advising an officer on the scene that there was an outstanding warrant when the warrant contained a differently spelled name and a different date of birth -- was objectively unreasonable and violated the Fourth Amendment to the United States Constitution and Article I, Paragraph 7, of the New Jersey Constitution. Evidence uncovered during the search incident to the arrest must be suppressed.