NJ Legal Blog

We're Proud to Serve the Members of NJEA, UFCW Local 1262, and the NJ Policemen's Benevolent Association.

Contact Our Office

We Accept the Following Payment Options

What Is A Legal Police Stop?

Criminal Attorneys Serving Clients in Long Branch, Shrewsbury, Spring Lake, Tinton Falls, and across Monmouth County

When is it legal for a police officer to stop you? When does it violate your rights? If facing criminal or even a municipal court disorderly persons violation, it is important to contact an attorney that is familiar with the municipality where you were charged as well as the type of charge you are facing. The intricacies of the legal process are extensive, and in many cases, your rights, your finances, and even your freedom could be in jeopardy. Do not make the mistake of going to court alone.

Police Stops for Probable Cause Reviewed by a NJ Certified Criminal Trial Attorney

A police officer may stop a citizen if there is probable cause to believe that the person is either engaging in criminal activity or is about to do so.

State v. Kasabucki, 52 N.J. 110, 116-7 (1968). See, United States v. Cortez, 449 U.S. 417-418 (1981); State v. Davis, 104 N.J. 490 (1986). The police officer’s suspicion must be well grounded in some fact which leads him to conclude that a crime is being committed. Id. The United States Supreme Court has defined probable cause to stop a citizen as “fair probability that contraband as evidence of crime will be found”. United States v. Sokolow, 490 U.S. 1, 7 (1989). See, State v. Williams, 251 N.J.Super. 617 (Law Div. 1991).

Police Stop for Investigatory Purposes in Monmouth County NJ

Police officers may also stop citizens for investigatory purposes even if the officer does not have probable cause to arrest the person. The most important element for a stop is that the officer believes criminal activity is afoot.

In State v. Farinich the New Jersey Appellate Division held that, “A police officer may in appropriate circumstances and in an appropriate manner approach a person for the purposes of investigating possibly criminal behavior even though there is not probable cause for arrest. 179 N.J.Super. 1, 5 (App.Div. 1981)(emphasis added). See, Terry v. Ohio, 392 U.S. 1, 22 (1968); State v. Sheffield, 62 N.J. 441, 447 (1973). Further, the Cortez Court held that a police officer must take into consideration all of the circumstances in a given situation before stopping a person.

The Court stated, “the detaining officers must have a particularized and objective basis for suspecting the particular person stopped of criminal activity”. Id. at 417-8.

Were your Fourth Amendment Rights Violated in a Jersey Shore Traffic Stop?

The length of an investigatory stop is also a factor in determining if a stop violated the citizen’s Fourth Amendment rights. It is well settled that a stop must be no longer than is reasonably necessary for the officer to ascertain if the person is engaged in criminal activity.

In Florida v. Royer the United States Supreme Court held, “an investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop. Similarly, the investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer’s suspicion in a short period of time. It is the State’s burden to demonstrate that the seizure it seeks to justify on the basis of a reasonable suspicion was sufficiently limited in scope and duration to satisfy the conditions of an investigative seizure.” 460 U.S. 491, 500 (1983).

Contact Ocean and Monmouth County Criminal and Municipal Court Lawyers for a Consultation

Our attorneys have many years of experience handling municipal court and criminal matters where the legality of the police stop is in question in towns such as Long Branch, Shrewsbury, Belmar, Tinton Falls, and across the Jersey Shore.

If you want to know if your rights were violated during the police stop contact Monmouth County attorneys of Chamlin, Rosen, Uliano & Witherington at the West Long Branch, NJ office at 732-440-3950 or toll free at 888-328-9131.

When Can Blood Be Drawn For A DUI/DWI? What Is Proper Procedure For The State To Use Blood As Evidence In A DUI/ DWI Case?

DUI Attorneys Serving Clients in West Long Branch, Red Bank, Colts Neck, Deal and across Monmouth County Drawing blood is a sensitive issue, and one that raises subjects including invasion of privacy, chain of custody, and whether the blood was drawn in accordance with medical standards. Typically, during an investigation of a motor vehicle accident,… Continue Reading

Employment Law III, Emotional Distress, Respondeat Superior And More…

Employment Lawyers serving clients under emotional distress in Deal, Freehold, Eatontown, West Long Branch and across Monmouth County To establish a cause of action for intentional infliction of emotional distress, a plaintiff must show: (1) intent to commit the act and the emotional distress resulting therefrom; (2) conduct that is extreme and outrageous; (3) proximate… Continue Reading

Employment Law II, Law Against Discrimination

Employment Lawyers serving West Long Branch, Red Bank, Colts Neck, Asbury Park and across Monmouth County As noted in Dale v. Boy Scouts of America, 160 N.J. 562, 604 (1999), rev’d and remanded, 530 U.S. 640 (2000), the Legislature did not intend to abrogate all common law causes of action with the enactment of the… Continue Reading

5 Types of Alimony in Monmouth County, NJ

Alimony and spousal support are often thought of as a singular concept, and in some ways, this is true. Alimony is intended to provide for a formal spouse or partner with the financial support they need. However, few people know that there are actually no less than five (5) types of alimony in New Jersey. These… Continue Reading

Some General Principles Of Workers’ Compensation Law

Workers Compensation is a statutory method of providing benefits to an employee (or his or her dependents) who suffer personal injury or death by accident or occupational exposure or disease (be it psychological, cardiovascular, asbestos, etc.) arising out of and in the course of employment. Fault and negligence are usually not relevant factors, until and… Continue Reading

Understanding NJ Car Insurance Policies and Injury Compensation Recovery

Each state in the United States is given the discretion to choose what types of insurance policies are made available for drivers of all kinds of vehicles. In New Jersey, state policies are such that insurance companies offer drivers two important types of car accident injury coverage: “limited right to sue” and “unlimited right to… Continue Reading

The Differences Between Personal Injury and Workers’ Compensation

There are two different ways for an individual who is injured to recover compensation for their expenses, and potentially punitive damages as well; personal injury claims and workers’ compensation claims. There are a number of differences between the two, and when an injured individual may qualify for one or the other. The simplest way to… Continue Reading

What Matters Most

  • You gave me strength, support, comfort, and beyond powerful legal assistance, you gave extra kindness and generosity beyond expectation, as if you were my brother, beyond normal, in the realm of righteous.

Ready to Represent You

Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

monmouth county lawyer map

Contact Our Office

Not sure where to begin? We welcome all inquiries and will help in whatever way we can.