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    Illegal Search of a Car

    In a unanimous decision by the New Jersey Supreme Court the court held that law enforcement cannot enter a disabled vehicle to gather proof of registration and insurance, without asking the driver for the information or asking permission.

    In the case, State v. Keaton, a state trooper was on I-295 when he was called to an accident. The driver had been taken from the car and Emergency Medical Technicians (EMTs) were treating him. In order to complete his report the trooper entered the car to get the driver’s license and insurance. The trooper did not ask the driver for the documents before going to get them himself. After entering the car the trooper found drugs and weapons.

    The Supreme Court held that when law enforcement entered the vehicle without asking the defendant that they did an illegal search of the vehicle. This search violated the driver’s 4th amendment rights against “unreasonable search and seizure”. The court held that law enforcement must provide a defendant with the chance to give law enforcement the documents before law enforcement can go get them. If after giving a defendant the chance, the defendant is unable or unwilling to give the registration or insurance information, only then may an officer get those documents.

    The court’s fix for an illegal search is that the items found during the search cannot be used against you at trial. This does not mean the charges are dismissed.

    J.E.

    I was served with disciplinary charges at work which then developed into criminal charges. Katie explained each issue to me, and was able to resolve both the criminal case and my discipline! She was always available to me if I had questions and I am very happy with the outcome!

    I.D.W.

    After working with another attorney, who messed up my case, I hired Katherine Hartman to represent me. I found her to be sincere, trustworthy, knowledgeable and patient in explaining everything to me. In short, Katherine kept me out of jail and I would hire again! (Even though I hope I never have to see her again!)

    J.C.

    I highly recommend the Hartman Law Firm. Katie Hartman is a true professional, and an absolute advocate for her clients. She takes pride in making herself available for her clients in regards to questions or concerns relating to your case. She will leave no stone unturned!

    D.Y.

    I wish I could select a higher star rating. Our Company was assisted by Michael Mormando of Attorneys Hartman in a municipal case and we simply could not be happier with the way our case was handled. Michael was extremely knowledgeable and professional. He is a true master of his craft and we would highly recommend his services

    D.C.

    Katherine was such a pleasure to work with! She was very caring, responsive, and professional throughout my whole experience. I will continue to recommend her and her firm to all of my friends and family

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