NJ Appellate Court Upholds DWI Evidence from Warrantless Vehicle Stop

State of New Jersey v. William Davenport Docket No. A-3606-22 Decided May 21, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a Law Division order, which denied his motion to suppress evidence obtained after the warrantless stop of his motor…

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Identification Of a Defendant by Photo Array Cannot Occur Before Trial Unless It Is Disclosed and a Hearing on The Issue Takes Place

State v. Brandon M. Washington Appellate Docket No.: A-29-22 Decided January 8, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reversed a conviction of a defendant where witnesses were shown a photo array prior to trial to identify the defendant as a shooting suspect. In…

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As Long as Officers Are Lawfully Present and There Is Evidence of a Crime That Is Immediately Apparent to Officers, They Can Seize the Evidence Without a Warrant

State v. Marese Washington, Jr. Appellate Docket No.: A-0733-22 Decided April 5, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress after finding that police lawfully seized defendant’s vehicle in plain view after it was immediately apparent…

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Interlocutory Review Was Improvidently Granted and Accordingly Dismissed the Appeal

State of New Jersey v. Anthony King, et al. Docket No. A-2970-21 Decided March 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendants’ motion appealing the court’s interlocutory orders which granted the State’s applications to quash defendants’ subpoenas duces tecum issued to…

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POLICE OFFICER INTERNAL AFFAIRS RECORDS DISCOVERABLE FOR CRIMINAL DEFENSE

State v. Andre Higgs Appellate Docket No.: A-28-21 Decided March 30, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey has not made internal affairs records for police officers discoverable for criminal defendants in certain circumstances. In State v. Higgs, Defendant and May had been involved…

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State of New Jersey v. Christopher Tolbert and Suppressing Evidence Seized as the Result of a Warrantless Search

State of New Jersey v. Christopher Tolbert Docket No. A-1099-21 Decided December 12, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized as the result of a warrantless search and his sentence.…

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