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State Courts -
New Jersey - May 31 - June 1, 2007
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State v. Daniels, DOCKET NO. A-4915-05T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 31, 2007, Decided
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Overview: In a criminal suit wherein defendant challenged the denial of his motion to suppress, it was held that when police effectuate a lawful arrest, even for a minor offense, and decide to transport the arrested person to headquarters for processing, a full search of the arrestee was permitted, and police were not limited to a Terry type pat down.
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State v. Nero, DOCKET NO. A-0297-05T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, May 31, 2007, Decided
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Overview: Where defendant had put forward a plausible, innocent explanation for his conduct of gesturing toward his pants, the trial court's failure to charge the jury on any mental state required for his conviction of first-degree robbery, in violation of N.J.S.A. § 2C:15-1, was not harmless thereby entitling defendant to a new trial.
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