Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY IN THE INTEREST OF S.H. -- rank: 1000

... burnt cannabis' cannot 'constitute reasonable articulable suspicion of a crime.' N.J.S.A. 2C:35-10c(a). CREAMMA's applicability to this search is discussed below ... to conduct a search based on the marijuana odor. See N.J.S.A. 2C:35- 10c(a). 'When the Legislature does not clearly express its intent ... burnt cannabis' cannot 'constitute reasonable articulable suspicion of a crime.' N.J.S.A. 2C:35-10c(a). See State v. Cambrelen, 473 N.J. Super. 70, 76 n.6 (App. Div. 2022). The language of N.J.S.A. 2C:35-10c(a) does not explicitly or implicitly indicate retroactive effect. The ... and expungement.' Gomes, 472 N.J. Super. at 535-36. N.J.S.A. 2C:35-10c(a) does not fall into one of these categories. The ... J.F., 446 N.J. Super. at 53-54). Therefore, N.J.S.A. 2C:35-10c(a) should only apply prospectively and, in turn, is ...

docket:	a2170-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-31
status:	Unpublished
citation:
Document Size:	26489

2 STATE OF NEW JERSEY v. TERRELL JACKSON -- rank: 927

... crime' except on school property or at a correctional facility. N.J.S.A. 2C:35-10c. [State v. Cohen, 254 N.J. 308, 328 (2023).] In ... Cervantes fou nd on February 3, 2021, defendant argued that N.J.S.A. 2C:35-10c should be applied retroactively to him. If that occurred, defendant ... opinion, the trial court rejected defendant's contention, finding that N.J.S.A. 2C:35-10c did not become effective until February 22, 2021 and could ... On appeal, defendant again argues that CREAMMA and, more specifically, N.J.S.A. 2C:35-10c should be retroactively applied to him. We disagree. Since the ... more importantly, our Supreme Court confirmed earlier this year that N.J.S.A. 2C:35-10c 'has no bearing' on searches that 'predated the passage of ...

docket:	a3691-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-12
status:	Unpublished
citation:
Document Size:	21688

3 STATE OF NEW JERSEY v. NAIM GRIFFIN -- rank: 901

... reasonable articulable suspicion of a crime, except in limit circumstances. N.J.S.A. 2C:35-10c. Among other things, CREAMMA partially legalized the 'possessing' and 'transporting ... 76 n.6 (App. Div. 2022). Additionally, the Legislature provided N.J.S.A. 2C:35-10c 'shall take effect immediately.' P.L. A-0461-20 23 ...

docket:	a0461-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-27
status:	Unpublished
citation:
Document Size:	46217

4 STATE OF NEW JERSEY V. JAMES G. GREDDER -- rank: 897

... person is entitled to the immunity attendant to compliance with N.J.S.A. 2C:35-10c, pursuant to State v. Patton , 133 N.J. 389 (1993 ... dangerous substance (cocaine), contrary to See footnote 2 pursuant to N.J.S.A. 2C:35-10c and Patton ; that motion was also denied. We granted leave ... the motion to dismiss the indictment.         The pertinent part of N.J.S.A. 2C:35-10c states:         Any person who knowingly obtains or possesses a controlled ... privilege against self-incrimination. To accomplish that, it held that N.J.S.A. 2C:35-10c provides "transactional immunity for section 10 offenses to persons complying ... To review, Patton concerns the constitutionality of the use of N.J.S.A. 2C:35-10c as a method of facilitating "speedy trials" by downgrading cases ... indictment. Although defendant raised the immunity issue with regard to N.J.S.A. 2C:35-10c at the suppression hearing, it was more clearly and ...

docket:	a1143-98
court:	njappellate
decided:	1999-03-19
status:	published
citation:	<a href=
Document Size:	16089

5 PETER J. MURACCO, JR v. TOWNSHIP OF WASHINGTON -- rank: 816

... one year in connection with a disorderly persons offense under N.J.S.A. 2C:35-10c. Plaintiff also pled guilty to the DWI charge and had ... by the prosecutor to the municipal court, a violation of N.J.S.A. 2C:35-10c, was a disor­derly persons offense subject to no more ... charges, plaintiff's plea to DWI and a violation of N.J.S.A. 2C:35-10c, and the sentences imposed. The Statement also asserted that plaintiff ...

docket:	a4506-08
court:	superior court appellate division
decided:	2010-11-16
status:	Unpublished
citation:
Document Size:	44289

6 STATE OF NEW JERSEY v. TYSHAWN M. DOWNEY -- rank: 739

... reasonable suspicion or probable cause to conduct a warrantless search. N.J.S.A. 2C:35-10c(a). In a recent decision, we held the Act should ...

docket:	a3500-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-13
status:	Unpublished
citation:
Document Size:	56900

7 State v. Cornelius C. Cohen -- rank: 722

... crimeā€¯ except on school property or at a correctional facility. N.J.S.A. 2C:35- 10c. Though N.J.S.A. 2C:35-10c has no bearing on our present probable cause analysis because ...

docket:	a-50-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-22
status:
citation:
Document Size:	51432

8 Plaintiff-Respondent v. RICKY WRIGHT -- rank: 688

... 213 N.J. at 319-29. 15 See, e.g. , N.J.S.A. 2C:35-10c (declaring it a disorderly persons offense to knowingly possess CDS ...

docket:	a4813-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-28
status:	published
citation:	431 N.J.Super. 558 71 A.3d 212
Document Size:	101559

9 /usr/local/share/www/libweb/collections/courts/appellate/a3899-19.opn.html -- rank: 675

... reasonable suspicion or probable cause to conduct a warrantless search. N.J.S.A. 2C:35-10c(a). In a recent decision, this court held that the ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	28302

10 STATE OF NEW JERSEY v. MANTWAN J. THOMAS -- rank: 675

... burnt cannabis' cannot 'constitute reasonable articulable suspicion of a crime.' N.J.S.A. 2C:35-10c(a). 9 A-2994-21 Judge Caulfield found Sheehy was ...

docket:	a2994-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-14
status:	Unpublished
citation:
Document Size:	26136

11 STATE OF NEW JERSEY v. MAURICE LEROY TURNER -- rank: 653

... court conviction for failure to turn over CDS to police, N.J.S.A. 2C:35-10c. Thus, in the absence of any detail concerning the content ...

docket:	a1227-07
court:	NJ Superior Court Appellate Division
decided:	2009-10-13
status:	unpublished
citation:
Document Size:	85099

12 STATE OF NEW JERSEY VS. ANTONIO SUMMA -- rank: 636

... articulable suspicion or probable cause to conduct a warrantless search. N.J.S.A. 2C:35-10c(a). CREAMMA, however, only applies prospectively and, therefore, is not ...

docket:	a0369-22
court:	appellate
decided:	2024-04-05
status:	Unpublished
citation:
Document Size:	26098

13 STATE OF NEW JERSEY v. SHAWNTEE D. MITCHELL -- rank: 636

... reasonable suspicion or probable cause to conduct a warrantless search. N.J.S.A. 2C:35- - 10c(a). A-1876-20 15 the vehicle may contain 'additional ...

docket:	a1876-20
court:	NJ Superior Court Appellate Division
decided:	2024-02-06
status:	Unpublished
citation:
Document Size:	39796

14 STATE OF NEW JERSEY v. ASHON Q. MILLER -- rank: 628

... crime' except on school property or at a correctional facility. N.J.S.A. 2C:35-10c.' State v. Cohen, 254 N.J. 308, 328 (2023). Thus, the Court confirmed that N.J.S.A. 2C:35-10c 'has no bearing' on searches that 'predated the passage of ...

docket:	a0406-23
court:	NJ Superior Court Appellate Division
decided:	2024-01-29
status:	Unpublished
citation:
Document Size:	34031

15 STATE OF NEW JERSEY v. ROBERT A. BAKER -- rank: 598

... reasonable suspicion or probable cause to conduct a warrantless search. N.J.S.A. 2C:35-10c(a). However, CREAMMA only applies prospectively, State v. Cohen, 254 ...

docket:	a2800-21
court:	NJ Superior Court Appellate Division
decided:	2024-03-07
status:	Published
citation:
Document Size:	31610