We filed a petition for certiorari at the United States Supreme Court, asserting that when the New Jersey Department of Environmental Protection (NJDEP) made an unannounced search of the wetlands in our client’s backyard, without a warrant and over his objection, that it constituted an unconstitutional search and seizure. We obtained an unusual Statement by United States Supreme Court Justice Samuel Alito, joined by three other Justices, confirming the legal validity of our position. See Huber v. New Jersey Dep’t of Env’l Prot., 562 U.S. — (2011) .
Although the New Jersey Supreme Court previously had refused to review the case, Supreme Court Justice Alito’s Statement provided a forceful basis for our subsequent motion for permission to submit a 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 New Jersey Supreme Court agreed that the NJDEP may not conduct search of the wetlands in our client’s backyard without a warrant. The case, which arises out of simple and relatively humble facts, presented complicated questions of common law and state and federal constitutional issues.
Following the case, Anne Ronan felt compelled to write a book on privacy rights understandable to ordinary citizens: Legal Privacy Rights in New Jersey: A Guide for Non-Lawyers Real People’s Guide®
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