Background Information | Legal Research
False Arrest |
-- a false arrest is an arrest made without legal authority
Bruce Oliver Case |
Plaintiff Bruce Oliver, a criminal defense attorney, delivered his MG to Dave's Import Auto Shop ("Dave's") for servicing at approximately 6:45 a.m. on September 25, 1995, as prearranged with Dave's. Mr. Oliver's seventeen-year-old son, Michael, followed Mr. Oliver in the family's Chrysler. Before reaching Dave's, Mr. Oliver pulled over near an intersection to wait for his son to catch up with him. As Michael arrived, both father and son saw Centerville Police Officer James Woods follow them to Dave's, where Mr. Oliver parked his MG in the parking lot in front of the shop and got into the driver's seat of the waiting Chrysler....
New Jersey
Unlawful Arrest or Detention
Official Deprivation of Civil Rights
:30-6. Crime of official deprivation of civil rights2. a. A public servant acting or purporting to act in an official capacity commits the crime of official deprivation of civil rights if, knowing that his conduct is unlawful, and acting with the purpose to intimidate or discriminate against an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation or ethnicity, the public servant:
(1) subjects another to unlawful arrest or detention, including, but not limited to, motor vehicle investigative stops, search, seizure, dispossession, assessment, lien or other infringement of personal or property rights; orb. (1) Except as provided in paragraphs (2) and (3) of this subsection, a public servant who violates the provisions of subsection a. of this section is guilty of a crime of the third degree.(2) denies or impedes another in the lawful exercise or enjoyment of any right, privilege, power or immunity.
(2) If bodily injury results from depriving a person of a right or privilege in violation of subsection a. of this section, the public servant is guilty of a crime of the second degree.
(3) If, during the course of violating the provisions of this section, a public servant commits or attempts or conspires to commit murder, manslaughter, kidnapping or aggravated sexual assault against a person who is being deprived of a right or privilege in violation of subsection a. of this section, the public servant is guilty of a crime of the first degree.
c .Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction of official deprivation of civil rights under this section shall not merge with a conviction of any other criminal offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of this section and any other criminal offense.
d. Proof that a public servant made a false statement, prepared a false report, or, if the agency that employs the public servant, the Attorney General or the county prosecutor having supervisory authority over the agency required a report to be prepared, failed to prepare a report concerning the conduct that is the subject of the prosecution, shall give rise to an inference that the actor knew his conduct was unlawful.
e. For purposes of this section, an act is unlawful if it violates the Constitution of the United States or the Constitution of this State, or if it constitutes a criminal offense under the laws of this State.
L.2003,c.31,s.2. 2C:30-7.
Crime of pattern of official misconduct3. a. A person commits the crime of pattern of official misconduct if he commits two or more acts that violate the provisions of N.J.S.2C:30-2 or section 2 of P.L.2003, c.31 (C.2C:30-6).
It shall not be a defense that the violations were not part of a common plan or scheme, or did not have similar methods of commission.
b. Pattern of official misconduct is a crime of the second degree if one of the acts committed by the defendant is a first or second degree crime; otherwise, it is a crime of the third degree, provided, however, that the presumption of nonimprisonment set forth in subsection e. of N.J.S.2C:44-1 for persons who have not previously been convicted of an offense shall not apply.
Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction of pattern of official misconduct shall not merge with a conviction of official misconduct, official deprivation of civil rights, or any other criminal offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of N.J.S.2C:30-2 and sections 2 and 3 of P.L.2003, c.31 (C.2C:30-6 and C.2C:30-7).
Loitering
"Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this chapter."s
TEXT OF THE GLASSBORO CODE |
In violation of (one charge only) [Ordinance No.] 354-4
GLASSBORO CODE
Chapter 354, PEACE AND GOOD ORDER | 354-4 |
[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro 2-9-1971
by Ord. No. 3-71 as Ch. 85 of the 1971 Code. Amendments noted where applicable.]
§ 354-4. Loitering; public intoxication; indecent acts; interfering with others.
[Amended 12-8-1998 by Ord. No. 98-25]
L.2003,c.31,s.3. 2C:331. Riot; failure to disperse
a. Riot.A person is guilty of riot if he participates with four or more others in a course of disorderly conduct as defined in section 2C:33-2a:
(1) With purpose to commit or facilitate the commission of a crime;
(2) With purpose to prevent or coerce official action; or
(3) When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon.
Riot if committed under circumstances set forth in paragraph (3) is a crime of the third degree. Otherwise riot is a crime of the fourth degree.
b. Failure of disorderly persons to disperse upon official order.
Where five or more persons are participating in a course of disorderly conduct as defined in section 2C:33-2 a. likely to cause substantial harm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse.A person who refuses or knowingly fails to obey such an order commits a disorderly persons offense.
L.1978, c. 95, s. 2C:33-1, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 63, eff. Sept. 1, 1979; L.1981, c. 290, s. 35, eff. Sept. 24, 1981.