1.New Case: Later Discovery by Police of Parole Warrant does not Purge Taint of Unlawful Detention.State v. Shaw__ NJ __ (A-48-11) 12-13-12
The police did not have a reasonable, articulable suspicion of criminal activity to justify the investigatory detention, which was based on nothing more than a non-particularized racial description of the person sought. The parole warrant was not an intervening circumstance that sufficiently purged the taint from the unlawful detention.
2. New Expungement Law PermitsCrimeExpungement in 5 years if Exemplary Life and Public Interest Shown.In re Kollman Petition for Expungement__ NJ __ (A-126-10) July 9, 2012
Defendants seeking relief under the statutes new five-year pathway to expungement have the burden of proving why expungement of a criminal record is in the public interest. Because petitioner appears to have met that burden, the Court reverses the denial of his expungement application and remands to the trial court to assess the petitioners character and conduct as of the date of its new ruling
