New Jersey Criminal Law
In Case of An Illegal Search, Evidence May Be Suppressed and The Case Dropped
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0128-19 STATE OF NEW JERSEY, Plaintiff-Respondent, Versus BRUCE A. POOLE, a/k/aBRUCE POOL, Defendant-Appellant. _______________________ Submitted April 28, 2021 – Decided June 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arises out of a June 27, 2018, event where there were reported shots fired…
Read MoreThe Plain View and Exigent Circumstance Exceptions to The Warrant Requirement
STATE OF NEW JERSEY, Plaintiff-Appellant, RASHEED M. PHILLIPS, Defendant-Respondent. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Here at Hark&Hark we have already written about State v. Phillips, in 2019. We stay up to date on this June 14, 2021, appellate decision. See State v. Phillips | New Jersey Criminal Civil Lawyer. The facts are…
Read MorePolice Officer’s Testimony of Surveillance Footage Was “Best Evidence” When the Surveillance Footage Could Not Be Produced for Trial
State v. Bayoumi Appellate Docket No.: A-163-20 Decided June 1, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police officer’s testimony of surveillance footage identifying defendant was appropriate “best evidence” when the surveillance footage could not be produced for trial. In…
Read MoreCase Brief: State v. Kanem Williamson (A-65-19)(083979)
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Parties: Plaintiff: State of New Jersey Defendant: Kanem Williamson Proc. Hist.: Trial Court allowed the admission of hearsay evidence under the “dying declaration” exception. Appellate Division affirmed; Supreme Court granted review. Facts: In the spring of 2014, A.B. was shot multiple times and found in a pool of…
Read MoreSweeney Bill Would Create Pilot Program for Regional Municipal Courts in Three Counties
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Trenton – Legislation sponsored by Senate President Steve Sweeney that would create a pilot program for the regionalization of municipal courts was approved by the Senate Judiciary Committee today. The legislation, S-3049, would establish a program in at least three counties with no fewer than five municipalities in…
Read MoreSelf-Defense And the Use of Deadly Force Has Very Specific Requirements
State v. Sanders Docket No. A-1965-18 Decided May 13, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published decision, the Appellate Division of New Jersey reviewed whether defendant self defense was a defense to endangering after defendant stabbed a store clerk and fled without calling emergency services. In State v. Sanders, just before…
Read MoreMunicipal Court Payment Plans – We Can help You!
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.
Read MoreUnderstanding the Different Requirements Officers Need at Various Levels of Searches
State v. Kee Decided April 26, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished decision, the Appellate Division of New Jersey reviewed whether defendant was properly questioned and a witness was properly detained after a motor vehicle stop led to an investigation of a shooting, implicating the defendant. In State v. Kee,…
Read MoreIN THE MATTER OF THE APPEAL OF DENIAL OF A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE HANDGUNS FOR C.P.
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished decision, the Appellate Division of New Jersey reviewed a denial of a firearms purchaser identification card (FPIC) and permit to purchase handguns (PPH) to a retired police officer. In C.P., On September 7, 2011, [C.P., then] a Lieutenant for the Old Bridge Police Department, arrived…
Read MoreFor A Protective Sweep, Officers Need A Reasonable and Articulable Suspicion of a Crime Being Committed or That There May Be Danger in The Area
State v. Williams 461 N.J. Super. 80 (2019) Decided August 29, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published decision, the Appellate Division of New Jersey reviewed whether a warrantless search resulting in the seizure of cocaine was valid after police were given permission to enter the home and they conducted a…
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