Posts Tagged ‘search warrant’
Understand What a Defendant Must Demonstrate to Suppress Evidence Recovered by a Search Warrant
State v. Graham Appellate Docket No.: A-674-19 Decided March 15, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress and a Franks hearing after the trial court found defendant’s claim of mistruths of a CDS…
Read MoreState v. Miller
State v. Miller A-2457-17T1 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion State v. Miller, the Appellate Division decided several important legal issues involving protection of the Fourth Amendment to the United States’ Constitution against unlawful search and seizure. In State v. Miller, police recognized an individual sitting on outdoor…
Read MoreState v. Goldsborough
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case stems from an appeal from a conviction, specifically a denied motion to suppress evidence. Officers in Cumberland County were executing an arrest warrant on defendant’s house when they approached the front door. There were multiple officers in a line at the front door with the…
Read MoreUS Supreme Court rules who police can draw blood from a unconscious person if they are investigating a DWI crime
The United States Supreme Court ruled this week that the police are allowed to draw blood in a medically appropriate manner for the purposes of a DWI investigation without a search warrant. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In this case it appears the police have brought a individual who was found outside…
Read MoreState v. GARY J. PASSARELLI. New Jersey Appellate Division December 17, 2018 How do I tell the police I want a Lawyer in New Jersey once I am arrested
State v. GARY J. PASSARELLI. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 4:00 p.m. on May 31, 2013, defendant was taken to the North Plainfield Police Department. He was questioned by Sergeant Michael Nugent and Detective Aaron Lacey from the Hunterdon County Prosecutor’s Office in an interview room that was video and…
Read MoreWhat do the police need to tell a judge in order to get a Search Warrant of my house?
How can the police come in a search my house and a judge issue a warrant?? What is the process to get a search warrant of my home? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The foundation argument is that: “A search that is executed pursuant to a warrant is “presumptively valid,” and a…
Read MoreDo Police Have to Knock Before Entering My House?
14-2-3069 State v. G.A. , N.J. Super. App. Div. (per curiam) (10 pp.) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent case decided by New Jersey’s Appellate Division, a defendant was indicted for third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3); second-degree unlawful possession…
Read MoreState v. Smith New Jersey Appellate Division case July 5, 2016
Can a defendant who’s home or property is searched subject to a search warrant challenge the validity of the search warrant issued by a Superior Court Judge? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The US Supreme Court addressed this issue in the matter of Franks v. Delaware, 438 US 154 (1977). This case…
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