Posts Tagged ‘search and seizure’
Search And Seizure of a Handgun and Drugs Suppressed After Officers Lacked Reasonable Suspicion
State v. Nazier Goldsmith Appellate Docket No.: A-77-20 Decided July 5, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey suppressed a search and seizure of a handgun and drugs after officers lacked reasonable suspicion defendant was committing a crime after exiting the walkway adjacent to…
Read MoreMotor Vehicle Search and Seizure of Significant Amounts of Marijuana After Defendant Initiated His Turn Signal During a Lane Change
State v. Dylan Barazanji Appellate Docket No.: A-240-20 Decided April 14, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey affirmed a motor vehicle search and seizure of significant amounts of marijuana after defendant initiated his turn signal during a lane change rather…
Read MoreWhether an informant’s confidential tip can be the basis for a traffic stop.
Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In the Mesadieu case, the Appellate Division held that Mesadieu’s detention was lawful. The New Jersey Supreme Court has established under State v. Davis, 104, N.J. 490, 504 (1986) that a court must evaluate the totality of the circumstances surrounding the police-citizen encounter to determine the…
Read MoreWhat Is Required for Police to Conduct A Motor Vehicle Stop and A K-9 Sniff?
State v. Barley Appellate Docket No.: A-2334-19 Decided April 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a canine sniff unreasonably delayed a traffic stop, leading to a conviction of an unlawful possession of a firearm. In State v. Barley, Police…
Read MoreThe Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest
State v. Macrae Appellate Docket No.: A-1303-18T2 Decided October 6, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification…
Read MoreState v. Thorpe: Standard of Review by Appellate Court of Trial Court’s Determination
Appellate review of trial court determination Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-8702 State v. Thorpe , App. Div. (per curiam) (11 pp.) This is an important case addressing the need by the police to independently verify information received from an anonymous caller to establish their own probable cause for the search, arrest and eventual charging of a criminal…
Read MoreNo Reaching into the Glove Compartment
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Legality of an Officer Entering a Vehicle without Permission State v. Keaton, decided August 3, 2015 by the N.J. Supreme Court touches on the following issue that may be important to readers. Does an officer have a right to enter your vehicle for the supposed purpose of…
Read MoreThe 4th Amendment Protects All of Us but Only From Some of Us
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Wright, decided by the New Jersey Supreme Court began with a simple call from a tenant to her landlord about a leaking pipe in the kitchen ceiling. The landlord and a plumber followed the source of the leak which ultimately led them to the bedroom.…
Read MoreReasonable expectation of privacy in stolen vehicle depends on knowledge not bright line rule
Defendant Dqwan Taylor was a passenger in a stolen vehicle back in 2012 when it was pulled over by State Troopers. The driver could not produce registration. Additionally nobody seemed to know who the owner was but just mentioned it belonged to a “friend.” The license plate didn’t match the vehicle, but the VIN number…
Read MoreFrom Tip to Arrest: An Overview of Your Rights When Police Stop You
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Wright is an appeal of a denial of a motion to suppress evidence. This case touches on several important issues in criminal law including, de facto arrest, reasonable articulable suspicion v. probable cause, plain view doctrine, and exigent circumstances. The basic facts of the case…
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