· 9/23/2016
Oliver v. Baity
Citations
- 208 F. Supp. 3d 681
- 2016 U.S. Dist. LEXIS 130305
- 2016 WL 5724826
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting a broad reading of the tampering statute because it would absurdly require all illegal substances and weapons to be carried in plain view
- defendant did not commit an affirmative act of concealment; rather, drugs were discovered on the defendant's person during a police search
- defendant did not commit an affirmative act of concealment; rather, drugs were discovered on the defendant’s person during a police search
- to avoid impheating the prohibition against self-incrimination, the term “concealment” must be “construed to refer to evidence of a completed criminal act, not a current possessory crime”
- defendant did not commit an affirmative act of concealment; rather, drugs were discovered on the defendant’s person during a police search
- held the New Jersey hindering statute was “sensibly construed to refer to evidence of a completed criminal act, not a current possessory crime” and did not apply where defendant had cocaine concealed in his socks
Source: CourtListener parenthetical corpus (CC0).
Judges: Biggs
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.