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This site was constructed for the purposes of providing information relating to The Law Offices of
Jonathan F. Marshall and the members of such firm. You are not considered a client of the firm until
you have signed a retainer agreement and your case has been accepted by one of our attorneys.

Note on Prior Results: Prior results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter.

Search & Seizure

New Jersey Search & Seizure Laws

Can illegal search effect the outcome of my case?

Just as Bergen County residents are forced to obey the laws, law enforcement should be forced too as well. The mentality that the ends justify the means has no place in the criminal justice system. Far to often law enforcement tends to justify whether it be an arrest, motor vehicle stop or seizure under the logic that they were right in the end. Justifying whether it be an illegal search, seizure or arrest because they eventually found what they were looking is no justification. The Law Offices of Jonathan F. Marshall is an experienced Bergen County Criminal Defense Firm. We have over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. If you or someone you know has been charged with a criminal offense and feel like your fourth amendment rights have been violated and would like a free initial consultation please feel free to contact my office directly at 1-800-682-4037.

The Fourth Amendment to the United States Constitution and Article I Section 7 of the New Jersey Constitution protects its citizen from unlawful search and seizures. They state as follows:

4th Amendment to the United State Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article 1 Section 7 of the New Jersey Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.

Therefore, individuals have the right to be free from unreasonable search an seizures unless a warrant has been issued, based on a showing of probable cause. However, there are several exceptions to the warrant requirement in New Jersey, which are as follows:

    1. Abandoned Property
    2. Automobile Exception
    3. Consent to Search
    4. Inventory Search
    5. Plain View
    6. School Searches
    7. Search Incident to Arrest
    8. Terry Stop & Frisk

The Law Offices of Jonathan F. Marshall is an experienced Bergen County criminal defense firm. We have been successfully defending individuals charged with assault, marijuana possession, cocaine distribution and shoplifting for over fifteen years. We have the skill set and knowledge necessary to successfully protect your freedom. If you have any further questions please do not hesitate to contact any one of our Bergen County Offices at 1-800-682-4037.

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Or contact our office online to schedule a free consultation to discuss your unique charges with one of our experienced and qualified attorneys.

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Site Disclaimers

This site was constructed for the purposes of providing information relating to The Law Offices of
Jonathan F. Marshall and the members of such firm. You are not considered a client of the firm until
you have signed a retainer agreement and your case has been accepted by one of our attorneys.

Note on Prior Results: Prior results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter.