Justice Served

EATONTOWN, NJ –  The Law Firm of Evan F. Nappen Law Attorney At Law PC 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.

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 the 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 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.”

 

About The Author

Evan Nappen, Esq.

Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it’s no wonder he’s become the trusted, go-to expert for local, industry and national media outlets.

Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It’s Your Call with Lyn Doyle, Tom Gresham’s Gun Talk, and Cam & Company/NRA News.

As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists.

He also provides expert testimony and consultations for defense attorneys across America.

Injustice Reversed
  • evan@evannappen.com

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