Vehicle or Home Search Without a Warrant

June 19, 2020 |

State v. Brown blog post 4 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied.  Consent was unlawfully obtained after getting consent from a…

Can a Landlord Be Liable for a Tenant’s Crime if a Background Check Was Not Run on the Tenant?

June 18, 2020 |

The Estate of Campagna v. Pleasant Point Properties, LLC Docket No.: A-2989-18T1 Decided and Approved for Publication June 17, 2020 Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division considered whether a landlord was required to perform criminal background checks on tenants to promote the safety…

Defendant’s Consent to Home Search Coerced after Traffic Stop

June 18, 2020 |

State v. Brown blog post 3 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied.  Consent was unlawfully obtained after getting consent from a…

Wrongly Denied Entrance into PTI Under the Graves Act

June 17, 2020 |

State v. Andrews: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant alleged that he was arrested during a traffic stop in which police found a weapon defendant had purchased after being shot at by his girlfriend’s ex-boyfriend. As a result, he was charged with second-degree weapons charges and fourth-degree possession of prohibited device. Defendant…

Suppression of Evidence in Court When Wrongly Obtained / Illegal Search and Seizure

June 17, 2020 |

State v. Calcott: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Defendant traveled on a private jet by himself carrying two leather briefcases and two rectangular containers, one three by four feet, the other slightly smaller. After speaking with defendant before departure, the pilot contacted the Drug Enforcement Administration (DEA) regarding his suspicion defendant…

Custody Agreements, Child Support, Alimony and The Changed Circumstances Standard

June 17, 2020 |

L.P. v. J.H. Docket No. A-1967-18T4 Decided June 16, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to force defendant to pay part of her child’s college expenses, reduce the child support she was receiving, and make her pay…

Consent to Search Home for Drug Paraphernalia Unlawfully Obtained after Traffic Stop

June 17, 2020 |

State v. Brown blog post 2 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied.  Consent was unlawfully obtained after getting consent from…

Police Search Home for Drug Paraphernalia After Motor Vehicle Stop

June 16, 2020 |

State v. Brown blog post 1 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied.  Consent was unlawfully obtained after getting consent from…

Negligence Which Caused Damage To Personal Property | Superstorm Sandy

June 15, 2020 |

Constantinopoulos v. Morgan Realty & Dev., LLC: Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Plaintiff owned a house across an estuary from defendants’ marina. In October 2012, plaintiff’s home was severely damaged by Superstorm Sandy. Plaintiff alleged that several boats from the marina struck his home. Plaintiff’s expert found that damage to unsecured boats…

New Jersey’s Prescription Monitoring Program and Oxycodone Distribution Conspiracy

June 15, 2020 |

State v. Stoveken: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The pertinent issue in this case was whether a grand jury subpoena was sufficient to access prescription drug information maintained in New Jersey’s Prescription Monitoring Program (PMP). Defendants, along with others, were involved in a conspiracy to distribute oxycodone. During an investigation of…