There Are Different Levels of Suspicion Necessary for Officers to Effectuate a Traffic Stop, Investigation, Request a Search Warrant, And Search and Seize Property

State v. Muhammad Appellate Docket No.: A-3017-18 Decided July 15, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a fifteen second delay was a violation of the knock and announce rule to search warrants before breaching entry. In State v. Muhammad,…

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NEW JERSEY MARIJUANA IS NOW OFFICIALLY LEGAL – THREE BILLS SIGNED INTO LAW

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. On February 22, 2021, New Jersey Governor Murphy signed into law three bills legalizing marijuana possession and authorizes its sale by approved distributors. The bills and highlights are as follows: A21 – “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” Provides for details on…

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Evidentiary and Discovery Rulings Can Make or Break A Defense to A Criminal Action

State v. Desir Appellate Docket No.: A-43-19 Decided February 9, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent opinion, the Supreme Court of New Jersey reviewed whether a defendant is entitled to discovery stemming from a purchase of narcotics by a confidential informant (CI) even though the defendant was not charged…

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Evidentiary Rulings Can Make or Break A Defense to a Criminal Action

State v. Kane Appellate Docket No.: A-1996-18T4 Decided January 26, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress in which detectives surveilled the defendant based on a confidential informant and prior knowledge…

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NEW JERSEY ATTORNEY GENERAL INSTRUCTS MUNICIPAL COURT PROSECUTORS TO ADJOURN CASES INVOLVING SMALL AMOUNTS OF MARIJUANA POSSESSION

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark On November 25, 2020, New Jersey’s Attorney General Gurbir Grewal provided guidance for prosecutors in relation to marijuana cases that are pending. This guidance came after New Jersey voters elected to amend the New Jersey Constitution to legalize marijuana. The Attorney General advised all municipal, county, and…

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