CrimLaw

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Good news for Defendants:

In California they are weeding out pretext stops. Or at least they are not tolerating seizures after the pretext stop.

In New Jersey a Court Appellate has ruled that police cannot create false evidence in order to get someone to confess.

"We recognize that our decision barring the use of fabricated evidence effectively denies the right of the state to use defendant's confession to a murder," the court said in a decision written by Judge Philip Carchman. "However, adherence to constitutional precepts cannot cease simply because the result is unfavorable to law enforcement. ... There is a more significant principle at stake: due process."

I cannot tell whether this is federal due process or something from NJ's State constitution.

It's refreshing to see that in some places the law is still a shield.

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