Legal Opinion
State v. Gathers
Supreme Court of New Jersey
Decided July 24, 2018No. A-80 September Term 2016; 079274PublishedCited by 11 opinions
1Opinion of the CourtJustice Solomon
**213This interlocutory appeal raises two issues: (1) whether the State may rely solely on a hearsay certification to support a motion for an order to compel a buccal swab; and (2) whether the affidavit in this case provided sufficient probable cause to support the search.
Defendant was arrested after shooting himself in the leg with a gun. Eight *412months after defendant's arrest and five months after his indictment on weapons charges, the State moved for an order compelling defendant to submit to a buccal swab so that his DNA profile could be obtained. In support of the motion, the State…
2Cases cited21 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Delaware v. ProuseSupreme Court of the United States · 1979
- United States v. VentrescaSupreme Court of the United States · 1965
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- Vernonia School District 47J v. ActonSupreme Court of the United States · 1995
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3Cited by11 opinions
- IN THE MATTER OF THE INVESTIGATION OF BURGLARY AND THEFT (15-020585, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2018
- In the Matter of the Investigation of Burglary and Theft (082243) (Ocean County & Statewide)Supreme Court of New Jersey · 2020
- STATE OF NEW JERSEY VS. ANGELO CUCULINO (15-01-0028, CAPE MAY COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
- STATE OF NEW JERSEY VS. BRADLEY C. THOMPSON (17-05-1263, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2020
- STATE OF NEW JERSEY VS. DEON L. BROWNE (15-08-0997, MERCER COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
6 more not listed; retrieve them via the Exa API.