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State v. Smith

Citations

  • 212 N.J. 365
  • 54 A.3d 772
  • 2012 WL 5258670
  • 2012 N.J. LEXIS 1065

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because the police could have independently, through their normal course of investigation, obtained a separate warrant for one suspect's records, a defective affidavit as to another defendant did not require suppression of his records
  • noting that the defense counsel's failure to make timely objections indicated no perceived prejudice
  • inserting additional evidence into the affidavit of probable cause to determine whether the affidavit established probable cause
  • noting evidence obtained in violation of the warrant requirement \is excluded so as not to reward misconduct and to provide an incentive for adherence to constitutional mandates\
  • applying the independent source rule to affirm denial of motion to suppress evidence obtained as the result of a warrant flawed because the supporting affidavit's omissions rendered it inaccurate
  • distinguishing, in the context of a search warrant affidavit, the omission of details that would undermine a finding of probable cause from affirmative misstatements for purposes of a flagrant misconduct analysis

Source: CourtListener parenthetical corpus (CC0).

Judges: Albin, Wefing

Read full opinion on CourtListener

Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

Cites

51 cases in this archive are cited by this case; the 20 most cited are listed.

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