Probable Cause: Smell of Marijuana | What happens in New Jersey the smell of weed is no longer considered Probable Cause?

November 15, 2020 |

STATE OF NEW JERSEY v. PAUL K. EUSTACHE,   Decided November 10, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Issue in case- Search without warrant The Rahway police department received an anonymous call that a white SUV had pulled into an apartment complex and described: “the driver was a black man with [dreadlocks], and…

NEW JERSEY GOVERNOR MURPHY SIGNS NEW WORKERS COMPENSATION LAW AFFECTING HAND AND FOOT INJURIES

November 14, 2020 |

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Signed October 30, 2020 Changes were made this year as to New Jersey’s Workers’ Compensation recovery for hand, foot and fingers injuries.  Governor Phil Murphy recently signed legislation amending L 2019, c. 387 to clarify which cases the law would apply to. As far as the…

NEW JERSEY VOTES TO LEGALIZE MARIJUANA – BUT IT’S NOT LEGAL YET!

November 13, 2020 |

SENATE INTRODUCES PROPOSED BILL Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark On November 5, 2020, the 219th Legislature introduced Senate, No. 21, sponsored by Senators Nicholas P. Scutari and Stephen M. Sweeney, detailing a regulation structure for marijuana legalization.  Most of the provisions of the proposed bill relate to establishing the oversight committees and…

Nj Senate Proposed Marijuana Legislation 21_I1(1)

November 10, 2020 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark

In Some Cases, Evidence of an Anonymous Tip, Alone, Is Sufficient to Justify an Investigatory Stop, or a Terry Stop

November 10, 2020 |

State v. Kelly Appellate Docket No.: A-2614-18T1 Decided November 9, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey upheld a denial of a motion to suppress when an anonymous tip claiming two individuals with a handgun in a car in a high crime area was…

Interim Guidance on Constitutional Amendment Legalizing Cannabis

November 6, 2020 |

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark

‘It Won’t Happen Overnight’: What’s Next for Cannabis in NJ

November 6, 2020 |

Sen. Nicholas Scutari said he hopes that by spring 2021, “the medical facilities will be able to start selling to the general public. I don’t see why they can’t.” By Suzette Parmley | November 05, 2020 at 10:18 AM Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The ballot initiative to legalize adult-use cannabis in New Jersey passed easily…

Cop Pulled Over Defendant Because He Was Black, No Reasonable Suspicion

November 6, 2020 |

State v. Nyema Appellate Docket No.: A-0891-18T4 Decided November 5, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey overturned a denial of a motion to suppress when an officer investigating a robbery pulled over the defendant because three black males were in the car headed…

The Officer Must Be Lawfully Present for the Plain View Exception to a Warrant Requirement:

November 3, 2020 |

State v. Williams Appellate Docket No.: A-40 Decided November 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision,  the Court, without issuing a written opinion, affirmed a published Appellate Court decision overturning a denial of a motion to suppress when an officer saw weed in a boarding…

Cofield Test: Four-Part Test for Extrinsic Evidence Being Introduced

October 31, 2020 |

State v. Palao Appellate Docket No.: A-4422-16T4 Decided October 27, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether the trial court appropriately allowed defendant’s prior bad acts to be admitted in a case of sexual abuse against minors. In State v. Palao,…