YOUR CELL PHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION III

State of New Jersey v. S.M.C. and Y.A.K. Appellate Docket No.: A-3765-20 Decided September 11, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether the requirement of a defendant to turnover his passcode to his cell phone constituted a violation of the 5th Amendment right…

Read More

Review Of a Tier II Classification Under Megan’s Law and Whether Individual Was Required to Be Included on the Sex Offender Internet Registry.

In the Matter of Registrant B.B. Appellate Docket No.: A-1496-20 Decided March 22, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reviewed a tier II classification under Megan’s Law and whether B.B. was required to be included on the Sex Offender Internet Registry.…

Read More

A Private Actor’s Role in A Criminal Search Could Be Unlawful

State v. Lapczynski Appellate Docket No.: A-1671-19 Decided March 9, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress after child pornography was found by a cohabitant, reported to the police, and after police viewing some…

Read More

Is Searching Files on Someone’s Computer Considered a Warrantless Search?

State v. Lapczynski Appellate Docket No.: A-1671-19 Decided March 9, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress after child pornography was found by a cohabitant, reported to the police, and after police viewing some…

Read More

E.S. v. Brunswick Investment Limited Partnership, et al.

E.S. v. Brunswick Investment Limited Partnership, et al. Docket No.: A-3372-18 Decided August 27, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed whether building owner could be held vicariously liable for a property manager who sexually assaulted a tenant. In E.S., from approximately March 1,…

Read More

AFTER 105 YEARS, LAW WITNESSES CAN NOW TESTIFY AS TO APPROXIMATE AGE OF CHILDREN

State v. Gerena Appellate Docket No.: A-3655-18T2 Decided January 5, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey ruled that lay witnesses, under the right circumstances, can testify as to the approximate age of children, overturning a Supreme Court ruling from 1916. In…

Read More