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Around 3:05 PM on November 23, 2024, Officers Anthony Olivera and Michael Aviles with the Hoboken Police Department responded to a report of a shoplifting duo being detained at ShopRite on 900 Madison Street. They walked upstairs to the loss prevention office and made contact with a loss prevention employee. They were informed that 2 shoplifters were being detained in the loss prevention office. Both individuals had previously been trespassed from the store, so they were not allowed to be there.

The woman was identified as Jennifer Smith and the man was identified as Jacob Smith. Officers were informed that Jacob became physically aggressive and used racial slurs towards staff after being apprehended. Jacob and Jennifer were placed under arrest. Both individuals were escorted down the stairs and placed in separate patrol cars. They were both transported to the Hoboken Police Department for further processing. Jennifer was charged with theft by unlawful taking (2C:20-3A). Jacob was initially charged with robbery (2C:15-1A(2)), 2 counts of unlawful possession of a weapon (2C:33-4B), and possession of weapon for unlawful purpose (2C:39-4D).

It was discovered that Jennifer already had an outstanding warrant from the Hudson County Sheriff’s Office. Both individuals were ultimately transported to the Hudson County Correctional Facility. 
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The New Jersey Supreme Court has previously affirmed in Salzano v. North Jersey Media Group, 993 A.2d 778 (2010) that “The fair-report privilege reflects the judgment that the need, in a self-governing society, for free-flowing information about matters of public interest outweighs concerns over the uncompensated injury to a person's reputation.” This video advances a compelling public interest. The summary of events was based on records that are “open to public view through open access to public records” as defined in the Salzano case. In Ramos v. Flowers, 429 N.J. Super. 13, the Appellate Division of the Superior Court has also affirmed the right to film law enforcement interactions.

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