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The facts are as follows: The then eighteen-year-old defendant, Ms. Lenihan, was driving her 1999 Hyundai southbound on Route 519 in Hampton Township, with her sixteen year-old friend, K.G., in the front passenger seat. Defendant lost control of the vehicle and it veered to the right, crossing the shoulder of the road, striking the guardrail head-on. Both defendant and K.G. were seriously injured and transported to a local hospital. K.G. died the following day.

In addition to the criminal exposure set forth above, on the civil side, there are pitfalls and exposure for those who throw private parties under New Jersey statute 2A: 15-5.6. This law, commonly known as the “social host liability law” is related to the service of alcoholic beverages to persons who have attained the legal age to purchase and consume alcoholic beverages.

The other day, after we published my blog post about the New Jersey Supreme Court’s “Animal House” decision, I received some emails about police searches in general. So, in response, I thought the below primer may be helpful to understand what the police can and cannot do to you, your car, and your home. I should note that search and seizure issues are among the most fact-sensitive aspects of a criminal case.

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