The Law Offices of Edward Harrington Heyburn, P.C. provide their clients with
a broad array of legal services. The Law Offices of Edward Harrington Heyburn
represents clients involved in personal injury accidents, divorce, custody, real
estate matters, municipal court and traffic violations, as well those charged
with Driving While Intoxicated.
Robbinsville Office
37 Robbinsville-Allentown Road
Robbinsville, NJ 08691
T: (609) 259-7600
F: (609)
259-7303 |
Appellate Division Strikes Down Police Offices Warrantless Search
For nearly eighty years, New Jersey Courts have given police officer's
wide latitude to search motor vehicles during traffic stops without a warrant.
This latitude appears to be coming to an end. In State v. Eckel, the Appellate
Division held that a police officer needs a warrant to search a suspect's vehicle
when the suspect is already under arrest and the officer's safety is no longer
at issue. If the New Jersey Supreme Court upholds this decision, hundred of
motorist may have the right to have evidence against them suppressed.
Appellate Division Rules Landlord Responsible for Tenant's Injuries
The Appellate Division issued an important opinion, protecting the
rights of tenants that suffer injury when landlords fail to make repairs. In
McNamee v. Paxton, the plaintiff rented an apartment from the defendant
landlord. The light switch leading to the basement bedroom was incorrectly
wired. If the light was turned off from the basement, it could not be turned on
from the top of the stairway. As a result, the plaintiff was forced to descend
the stairs in the dark. The landlord was advised of the problem but refused to
fix it. Unfortunately, the plaintiff fell down the stairs, fracturing her leg.
On behalf of the Plaintiff, Edward Harrington Heyburn sued the landlord, but the
trial court dismissed the case. In dismissing the case, the court held that the
landlord was not responsible for the tenant's injuries. Mr. Heyburn appealed.
The Appellate Division agreed with Mr. Heyburn and reversed the trial court. The
Appellate Division held that, when a landlord agrees to make repairs in the
lease, he is responsible for the tenant's injuries if he neglects to make these
repairs. The case was an important victory for tenants across New Jersey.
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