Officer Did Not Have Reasonable Articulable Suspicions of a Tinted Windows Violation That Was Needed to Justify a Motor Vehicle Stop

State v. Edward Bejarno Docket No. A-2163-20 Decided September 23, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided Defendant’s motion to suppress evidence following a motor vehicle stop, after he appealed the trial court’s denial of his motion. The facts of the…

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Observation Of a Hand-To-Hand Transaction Alone Is Insufficient to Have a Reasonable and Articulable Suspicion of a CDS Transaction

State v. GIBSON Appellate Docket No.: A-3410-19 Decided January 10, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers simply observed a hand to hand transaction without seeing what was exchanged and conducted…

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Cop Pulled Over Defendant Because He Was Black, No Reasonable Suspicion

State v. Nyema Appellate Docket No.: A-0891-18T4 Decided November 5, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey overturned a denial of a motion to suppress when an officer investigating a robbery pulled over the defendant because three black males were in the car headed…

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NEWS FLASH, NJ Supreme Court Rules: Motor Vehicle stop extended for 40 minutes in order to wait for Drug Sniffing dog deemed acceptable in New Jersey

State v. Nelson, New Jersey Supreme Court Decided May 8, 2019  Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Commentary:  The court rules that a 40 minute wait for a drug sniffing dog to arrive based on relatively flimsy ‘independent reasonable and articulable suspicion” of the detective who conducted a motor vehicle stop was not…

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