Howard Davis P.C.


United States Supreme Court Justices issue statement in Environmental Warrantless Search Case

March 21, 2011

In a residential case involving wetlands, we appealed to the United States Supreme Court, asserting that an unconstitutional search and seizure of our client’s property had been made by the State. We successfully obtained an unusual Statement issued by United States Supreme Court Justice Samuel Alito, joined by three other Justices, relating to the Federal unconstitutionality of the New Jersey Department of Environmental Protection’s warrantless inspection of wetlands in a residential backyard. 

See Huber v. New Jersey Dep’t of Env’l Prot., 562 U.S. ---- (2011). Although the Supreme Court refused to accept the case, Justice Alito’s Statement provided a forceful basis for our subsequent motion for permission to submit an otherwise untimely motion for reconsideration to the Supreme Court of New Jersey. That motion and our petition for certification were granted on June 16, 2011. See A-116-10 (June 16, 2011). The case, which arises out of simple and relatively humble facts, presents complicated questions of common law and constitutional issues, which will be heard by the Supreme Court of New Jersey next term.

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