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New Jersey Affirms Prosecutors’ Rights to Subpoena Certain Phone Calls Made by Inmates

By Phillip J. Murphy |

On April 1, the New Jersey Supreme Court affirmed the right of prosecutors to subpoena telephone conversations made by defendants held in New Jersey county facilities that have a policy of recording these calls as long as they do not include communications between inmates and their legal counsel or Internal Affairs. In the facilities… Read More »

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Prosecuting Coronavirus Exposure

By Phillip J. Murphy |

As fears over the coronavirus outbreak escalate, so too do the criminal charges associated with potential exposure: While police in New Jersey have started arresting people and charging them with disorderly conduct or maintaining a public nuisance for holding gatherings in their homes, other, more serious actions are being treated quite severely. For example,… Read More »

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Body Camera Once Again Captures Same New York Police Officer Planting Drugs in Car

By Phillip J. Murphy |

The issue of New York police officers falsely claiming to smell marijuana during a routine traffic stop and using this as probable cause to conduct a search without a warrant is a serious issue in New York that some judges are finally starting to call them out on, but what about officers planting marijuana… Read More »

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Prospects Of New York Legalizing Recreational Marijuana Decrease Due to Coronavirus

By Phillip J. Murphy |

According to the latest reports, the prospects for New York legalizing marijuana this year are dim now due to the presence of the all-encompassing coronavirus, as legislators have indicated that their priorities are on containing the virus and, as a result, cannabis reform may very well need to take a backseat. However, if marijuana… Read More »

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Where Confusion Over Activities That Are No Longer Considered to Be Illegal Leads to Civil Rights Violations by Employers & Others

By Phillip J. Murphy |

In March, the New Jersey Supreme Court affirmed an Appellate Division’s decision allowing a Bergen County medical marijuana patient to bring a disability discrimination employment claim under the New Jersey Law Against Discrimination (NJLAD). The patient suffered from cancer and had a legal license to use marijuana for medicinal purposes. He was required to… Read More »

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NYPD Under Investigation for Violent Arrest of Black Man Smoking Marijuana Joint After Decriminalization

By Phillip J. Murphy |

One Wednesday evening in March was a very difficult one for a New York citizen who was what many consider to be the victim of police misconduct for smoking a joint of marijuana (even though possessing less than two ounces of marijuana has been decriminalized In the state of New York). Specifically, a viral… Read More »

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U.S. Supreme Court Hears & Decides On Crucial Immigration Prosecution & Civil Rights Cases

By Phillip J. Murphy |

The Supreme Court has already had a busy month, just in the first few days of March: The Court decided to override federal law and allow the states to take over a certain amount of criminal prosecution of illegal immigrants concerning work authorization issues and, in a potentially historic case, also heard arguments concerning… Read More »

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U.S. Supreme Court to Consider Important Fourth Amendment Case Involving Whether Shooting a Suspect Is A “Seizure”

By Phillip J. Murphy |

The US Supreme Court is currently considering an important Fourth Amendment issue for the first time in the Torres v. Madrid case: Whether shooting a fleeing suspect counts as seizure, triggering Fourth Amendment requirements, if the suspect still manages to get away. Previously, the Court decided that once police physically touched a suspect, it… Read More »

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New Jersey Appellate Division Ruling Finding That Driver Can Be Charged with DWI Even Though He Was Not Driving Is of Serious Concern for Defense

By Phillip J. Murphy |

A recent New Jersey Appellate Division ruling regarding charging a driver with drunk driving if they are parked, asleep, with the engine running, but show no intent of driving away has a number of defense attorneys and advocates concerned, as it changes long-standing precedent and contradicts the prevailing state Supreme Court ruling concerning what… Read More »

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Although “Legal” At The State Level, Medical Marijuana Still Faces Some Legal Troubles

By Phillip J. Murphy |

While state after state, including New York, moves to decriminalize marijuana, the substance unfortunately remains a Schedule I drug under federal law. While this remains an obvious issue for recreational use, it has been less of an issue when it comes to medical marijuana due to a provision passed by Congress called the Rohrabacher-Farr… Read More »

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Phillip J. Murphy,
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Phillip J. Murphy, Attorney At Law is located in New City, New York and serves clients in and around New York, New Jersey & Connecticut. Contact our experienced criminal defense law firm.
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