A TRO in Burlington County may, sadly, erode your right to remain silent.

Posted by Daniel Rosenberg

April 22, 2014

A TRO in Burlington County may, sadly, erode your right to remain silent.

Daniel M. Rosenberg, a Criminal Defense Attorney at Daniel M. Rosenberg & Associates, recently came across situation that he felt violated a defendant’s constitutional rights.   The defendant was charged with harassment and served with a Temporary Restraining Order (“TRO”) at the same time.  The TRO required that all weapons be confiscated and authorized the search of the defendant’s residence, motor vehicle and any storage units.   The man was arrested and then taken to the local police station for processing.  At the police station, he was advised that he had the right to remain silent and anything he said could be used against him in court.  In the next breath, he was told that he was required to beak his silence and disclose whether he had any weapons and where they were being stored.  The authority for the TRO is found under N.J.S.A. 2C:25-21.  The law specifically authorizes law enforcement to search and seize any weapons.  It does not require the defendant to break his constitutional right to remain silent nor could it.  However, when the man refused to speak, he was charged with a contempt of a court order, specifically, the TRO.  Apparently, in Burlington County your right to remain silent is limited if you are served with a TRO.

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