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  • Roosevelt Twyne Case Dismissed!
  • Supreme Court to Hear Nappen Law Firm’s Legal Challenge to New Jersey Carry Permit Law
  • Declaratory Judgment Sought in NJ’s Carry Permit Scheme, Violates Full Faith & Credit
  • Book Update - Large Capacity Magazines
  • Knock! Knock! Show Us Your Glock
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  • Possible Defense for Possessing a Shockwave
  • Is the Mossberg “590® Shockwave” Legal in New Jersey?
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  • Nappen News Blog
  • Jersey City Man Granted Suppression of All Evidence Obtained Due To Officers’ Unlawful Entry of His Home
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Gun Found in Glovebox Cannot Be Used as Evidence

3/17/2017

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On March 13, 2017, Louis P. Nappen of the Evan F. Nappen Law Attorney At Law PC firm argued that a handgun discovered in his client’s glove box after a car accident cannot be used as evidence since the firearm was unconstitutionally obtained by police who entered the car without a warrant or Fourth Amendment exception.

In its March 16, 2017 decision, Burlington County Superior Court Judge Philip E. Haines agreed.

After the accident, while defendant Michael Jones was outside of his car being treated by EMTs, police asked Jones for his license, registration and insurance. Police, however, were required to give Jones a reasonable opportunity to retrieve these documents from his car before they entered his vehicle. The testimony at the motion hearing made it clear that police did not ask Jones to retrieve the documents himself, nor was Jones unable or unwilling to do so. Accordingly, all items found after police warrantlessly opened Jones’ car door was deemed inadmissible as evidence.

“I’m extremely happy to see that the Fourth Amendment still holds weight in New Jersey,” said Attorney Louis Nappen regarding the decision. “And my client wants his case to be known as a beacon for others who fight for their rights, and in the hope that other people will not have to suffer this same type of ordeal.”

Read the full decision.
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    Welcome to our law firm blog. At Evan F. Nappen Attorney At Law PC, we are dedicated to protecting our clients' rights.

    The Firm's focus is on criminal defense with a concentration in the area of firearms, knives and weapons.  However, the Firm is proud to provide a full range of criminal defense services for all crimes and in all courts.
    ​

    We also provide professional services for Hunting & Fishing Violations, Domestic Violence, Firearm licensing, Expungements (clearing your record), Firearm and Property Seizures, and Forfeitures.

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  • Home
  • Gun Law Books
  • Contact
  • About
  • Reviews
  • Expungements
  • Permit to Carry Handgun Granted
  • Book Update - Marijuana & Guns
  • Guns Taken and Not Returned? Now Go to Prison.
  • Roosevelt Twyne Case Dismissed!
  • Supreme Court to Hear Nappen Law Firm’s Legal Challenge to New Jersey Carry Permit Law
  • Declaratory Judgment Sought in NJ’s Carry Permit Scheme, Violates Full Faith & Credit
  • Book Update - Large Capacity Magazines
  • Knock! Knock! Show Us Your Glock
  • Cop Murphy Mag Fix Fail
  • Book Update - Bump Stocks & Trigger Cranks
  • Book Update - Stun Guns
  • Book Update - "Red Flag" Law
  • Book Update - Gun Forfeiture
  • Book Update - Sale of Firearms
  • Book Update - AP Ammuntion
  • Possible Defense for Possessing a Shockwave
  • Is the Mossberg “590® Shockwave” Legal in New Jersey?
  • 101 Reasons to Own an "Assault Weapon"
  • Nappen News Blog
  • Jersey City Man Granted Suppression of All Evidence Obtained Due To Officers’ Unlawful Entry of His Home