What is Reasonable & Articulable Suspicion mean in New Jersey in the confines of a motor vehicle stop??

State v. Nelson, New Jersey Supreme Court Decided May 8, 2019 — Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. We therefore consider whether a reasonable and articulable suspicion beyond that which justified the stop supported the canine sniff. See Dunbar, 229 N.J. at 540 (“[I]f an officer has articulable reasonable suspicion independent from the reason…

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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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Standard of review Suppression of Evidence Pre-State v. Witt (Pena-Flores Standard of Review) Motor Vehicle Stop New Jersey

State v. Ortiz  New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In reviewing a motion to suppress evidence, this court must defer to the trial court’s fact findings underlying its decision, “so long as those findings are supported by sufficient credible evidence in the…

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State v. James Rogers Decided May 3, 2019 New Jersey Appellate Division (Not Approved for Publication) Appealing a Municipal Court Conviction — Standard of Review

State v. James Rogers Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. An appeal of a municipal court conviction must first be addressed by the Law Division de novo. R. 3:23-8. The role of the Law Division is to make independent findings of facts and conclusions of law based on the record developed in the…

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Search of Motor Vehicle based on Smell of Weed and Headlight OUT ONLY!

State v. Juan Rodriguez May 3, 2019 NJ Appellate Division (Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: The pertinent facts that emerged at the suppression hearing were substantially undisputed by the parties. On January 1, 2018, Police Officer Kevin Olah of Warren Township was in a marked patrol vehicle at a gas station…

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Appealing PTI Denial – Posting Nude Photos of victim – Revenge Porn

State v. Chow,  N.J. Super. App. Div. Decided April 302, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The state appealed from an order that admitted defendant into the Middlesex County Pretrial Intervention Program over its objection. Defendant had been charged with two counts of third-degree invasion of privacy for posting nude photographs of a…

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Extreme Risk Protective Order Statute Discussion

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Administrative Office of the Courts (AOC) has issued a proposed new rule to the Court Rules to effectuate the Emergent Preventive Order Statute that was recently enacted by the New Jersey legislature in 2018. This statute authorizes law-enforcement or any other interested party to…

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