IN 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 In an unpublished decision, the Appellate Division of New Jersey reviewed a denial of a firearms purchaser identification card (FPIC) and permit to purchase handguns (PPH) to a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…

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For 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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What Is Required for Police to Conduct A Motor Vehicle Stop and A K-9 Sniff?

State v. Barley Appellate Docket No.: A-2334-19 Decided April 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a canine sniff unreasonably delayed a traffic stop, leading to a conviction of an unlawful possession of a firearm. In State v. Barley, Police…

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In Order for Search and Seizure, Officers Need Probable Cause Through A Warrant or Circumstances That Would Ordinarily Permit Officers to Get A Warrant

State v. Weaver Appellate Docket No.: A-4582-18 Decided April 6, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.             In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a police search of a home that lead to finding firearms under a mattress without a warrant and in search of the defendant who…

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Be Sure to Understand the Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest and Charge Someone with a Crime

State v. Gaddy Appellate Docket No.: A-3046-18 Decided March 11, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a defendant’s motion to suppress after an anonymous tip provided that individuals were congregating and “engaging in disorderly activity” leading to defendant being charged with…

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Prosecutor Misconduct During A Trial Can Deny A Defendant A Right to A Fair Trial – Make Sure Your Attorney Recognizes It!

State v. Garcia Docket No.: A-47-19 Decided March 10, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a opinion, the Supreme Court of New Jersey reviewed whether a under the plain error doctrine, defendant was denied a fair trial when a video depicting defendant’s family members speaking with police was excluded from evidence and,…

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