Posts Tagged ‘New Jersey Criminal Law’
In Some Cases, Evidence of an Anonymous Tip, Alone, Is Sufficient to Justify an Investigatory Stop, or a Terry Stop
State v. Kelly Appellate Docket No.: A-2614-18T1 Decided November 9, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey upheld a denial of a motion to suppress when an anonymous tip claiming two individuals with a handgun in a car in a high crime area was…
Read MoreCop 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…
Read MoreThe Officer Must Be Lawfully Present for the Plain View Exception to a Warrant Requirement:
State v. Williams Appellate Docket No.: A-40 Decided November 2, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court, without issuing a written opinion, affirmed a published Appellate Court decision overturning a denial of a motion to suppress when an officer saw weed in a boarding…
Read MoreProtective Sweep of Home when Defendant was Arrested Outside the Home May be Unlawful
State v. Radel Appellate Docket No.: A-2503-18T3 Decided October 20, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress a firearm found inside a defendant’s home as a result of a protective sweep after defendant was…
Read MoreLegal Principles Can Be Linked to Social Media Posts If They Are Found in Conjunction with a Crime
State v. Scurry Appellate Docket No.: A-0377-18T1 Decided October 15, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial to exclude evidence of a video of the defendant rapping with original lyrics about stealing drugs and shooting someone in the head,…
Read MoreIn the Matter of the Expungement Petition of R.B.T.
Appellate Docket No.: A-2454-19T2 Decided October 14, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a grating of an expungement application for a former municipal court judge that completed PTI after misappropriating fines. In Expungement of R.B.T., R.B.T. was a municipal court judge in…
Read MoreChallenging the Trial Judge Erred by Denying His Motion to Dismiss Count One of the Indictment
State v. Decker Appellate Docket No.: A-3928-17T1 Decided September 29, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of defendant’s pretrial motion to dismiss a count of him being a leader of a gun trafficking unit. In State v. Decker,…
Read MoreThe Co-Conspirator Exception to Hearsay Is Important to Understand for Criminal Cases
State v. Lopez Appellate Docket No.: A-1210-19T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a jury’s conviction and forty-five year aggregate term of parole ineligibility that included text messages admitted into evidence under the co-conspirator exception to the hearsay rule.…
Read MoreState v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020
New Jersey Supreme Court Established bright line ‘probable cause test” in 2015: State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana…
Read MoreWhat is Probable Cause in New Jersey and what is Lawful Interaction of Police?
State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver blurted…
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