BSPE Legal Marketing Podcast

Exigent Circumstances in New Jersey - Adam M. Lustberg

Adam M. Lustberg Season 3 Episode 95
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From Lustberg Law Offices, LLC – In this episode, we dive into "Exigent Circumstances in New Jersey," exploring the legal nuances and implications of this critical concept in criminal law. Exigent circumstances provide law enforcement with certain powers to bypass the need for a warrant under urgent situations, such as imminent danger, risk of evidence destruction, or the potential escape of a suspect. However, while exigent circumstances allow warrantless searches and seizures in these specific scenarios, they must be carefully justified to avoid infringing upon individuals' Fourth Amendment rights, which protect against unreasonable searches and seizures.

We also discuss how the Fourth Amendment’s protections set boundaries for law enforcement actions, especially in New Jersey where strict scrutiny applies to cases involving criminal charges. The exclusionary rule is one significant safeguard, preventing any unlawfully obtained evidence from being used in court. In cases where law enforcement officers acted beyond the scope of exigent circumstances, individuals may also have the option of pursuing civil lawsuits or filing complaints for internal police department reviews to address potential rights violations.

Evaluating the admissibility of evidence obtained under exigent circumstances is a crucial step in building a strong defense. Criminal defense attorney Adam Lustberg and the team at Lustberg Law Offices, LLC, assess each client’s case to scrutinize whether exigent circumstances genuinely existed and if law enforcement’s actions were lawful and reasonable. By challenging the admissibility of improperly obtained evidence, we work to protect our clients' rights and ensure that any unwarranted government intrusion is held accountable under New Jersey law.

For individuals facing criminal charges where exigent circumstances played a role, understanding these legal complexities can be empowering. At Lustberg Law Offices, LLC, our team provides guidance through each step of the defense process, thoroughly investigating the lawfulness of police actions and advocating for our clients' constitutional rights. Contact us today at (201) 880-5311 to schedule a consultation and learn how we can assist you in defending your rights against warrantless searches and seizures.

Lustberg Law Offices, LLC

1 University Plaza Dr #212, Hackensack, NJ 07601, United States

(201) 880-5311

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