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Monthly Archive: May 2012

May 21, 2012

New Jersey Residents Do Not Give Up Their Expectation of Privacy When Hosting Large House Parties – Even When Violating Noise Ordinances

In New Jersey v. Kaltner, the Supreme Court of New Jersey held that a trial court correctly suppressed drug evidence found in a bedroom during a warrantless search of a residence by police officers who were responding to noise complaints. On October 22, 2009, housemates of defendant Derek J. Kaltner hosted a party in the home they rented in Long Branch, New Jersey. Five Long Branch police officers in plain clothes responded to the home after receiving noise complaints. The officers canvassed the house, looking for its residents. An officer peered into Kaltner’s bedroom and saw pills,...

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Posted by Marc Neff | Permalink | Email This Post

Posted in: Misdemeanor / Felony Crimes

May 17, 2012

Child Pornography Legal To View Online In New York – Court Rules That Looking At Porn Doesn’t Mean Possession

In The People v. James D. Kent, 2012 NY Slip Op 3572, the Court of Appeals of New York reversed Defendant Kent’s conviction for possession of child pornography as to counts relating to pornographic images he did not download or otherwise manipulate or control. On May 26, 2005, defendant James D. Kent, a professor of public administration at a Dutchess County college, received a new office computer through a campus-wide technology upgrade. The files stored on the hard drive of the old computer were transferred to the new...

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Posted by Marc Neff | Permalink | Email This Post

Posted in: Internet Crime