Warrantless Seizure and Reversed Conviction – State v. Williams A-2486-11T2 (App. Div)

August 26, 2013 |

State v. Williams A-2486-11T2 (App. Div) On April 3, 2013, the Appellate Division reversed the conviction of the defendant, Jarrell Williams for second-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5b. Defendant was charged with possession of a handgun after police performed a motor vehicle stop and found the handgun on the floor of…

Improper Ex-Parte Conduct Results in a Reversal – State v. Shaffona Morgan (A-119-11)

August 23, 2013 |

State v. Shaffona Morgan (A-119-11) On August 8, 2013 the New Jersey Supreme Court affirmed the conviction of Shaffona Morgon for second-degree aggravated assault, fourth-degree aggravated assault and possession of a handgun for an unlawful purpose. On November 24, 2005, the defendant had an altercation with deli store owners after she purchased a Boost Mobile…

Police Need Warrant For Cell Phone Data – State v. Thomas W. Earls (A-53-11) NJ Supreme Court

August 21, 2013 |

State v. Thomas W. Earls (A-53-11) NJ Supreme Court On July 18, 2013 the New Jersey Supreme Court reversed the conviction of Thomas W. Earls because police needed a warrant to obtain his location via his cell phone. On January 26, 2006, the police filed a complaint against the defendant for receiving stolen property and…

Rejection of Fifth Amendment Claim – Genoveno Salinas v. Texas, (No. 12-246) U.S. Supreme Court

August 20, 2013 |

Genoveno Salinas v. Texas, (No. 12-246) U.S. Supreme Court On June 17, 2013, the U.S. Supreme Court affirmed the judgment of the Texas Court of Criminal Appeals rejecting petitioner’s Fifth Amendment claim. On December 18, 1992 two brothers were shot and killed in their Houston home. Police recovered six shotgun casings at the scene and…

New Jersey Assembly Introduces a Bill Which Expands Implied Consent Statute to Include Blood And Urine Testing

August 19, 2013 |

A4284 – S2939 Expands Implied Consent Statute to Include Blood And Urine Testing. Originally published by TruckCrashAttorney.com               On June 24, 2013 the New Jersey Assembly introduced a bill to expand the implied consent of motor vehicle operators to include blood and urine testing. The bill would amend P.L.1966, c.142 which currently on includes breath. The bill…

Operating a Motor Vehicle Following a DWI Conviction: State v. Chauhan, A-2583-12T4

August 19, 2013 |

On July 16, 2013 the Appellate Division reversed an order granting defendant, Vijay Chauhan, entry into the Atlantic County Pre-Trial Intervention (PTI) Program. On November 18, 2011, the Egg Harbor Township police stopped the defendant’s vehicle after a random license plate inquiry revealed a possible hit. When the vehicle stopped, the male driver jumped into…

A4284 – S2939 Expands Implied Consent Statute to Include Blood And Urine Testing

August 19, 2013 |

On June 24, 2013 the New Jersey Assembly introduced a bill to expand the implied consent of motor vehicle operators to include blood and urine testing. The bill would amend P.L.1966, c.142 which currently on includes breath. The bill is aimed at giving police more tools when a driver is suspected of driving while intoxicated.…

Requirement to Provide Experts

August 12, 2013 |

August 12, 2013 Gordon v. Township of Toms River, Appellate Division A-5139-11T1 Requirement to provide experts Submitted by New Jersey criminal lawyer Jeffrey Hark   August 8, 2013, the Appellate Division affirmed the trial court’s summary judgment against the plaintiff Richard Gordon. On September 27, 2009, Gordon had a few drinks that evening on the Seaside…

Truck overturns on parkway near Somers Point, driver injured

August 11, 2013 |

By ANJALEE KHEMLANI, Staff Writer. Article originally posted by pressofatlanticcity SOMERS POINT – A northbound accident on the Garden State Parkway injured the driver of an overturned dump truck, police said. Both lanes of the roadway were blocked and the traffic was being directed onto the shoulder to bypass the accident scene. State Police advised…

“third-party intervention” exception or “private search” doctrine

August 8, 2013 |

State v. Wright, Appellate Division A-4813-10T1 “third-party intervention” exception or “private search” doctrine Criminal case summary provided by New Jersey Criminal Lawyer, Jeffrey Hark   July 25, 2013, the Appellate Division affirmed the conviction of a defendant based on evidence obtained under the “third-party intervention” doctrine where police can search a defendant’s property without a warrant,…