Posts Tagged ‘unlawful search and seizure’
An Officer Standing in The Driveway Without a Warrant Cannot Utilize the Warrantless Search of Plain View If the Officer is Not Lawfully in the Area at the Time
State v. Raymond Ingram Appellate Docket No.: A-1500-20 Decided February 13, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after finding that officers were not lawfully in the defendant’s driveway and could not view the…
Read MoreYOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION
State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State…
Read MoreConstitutionality of a Search And Seizure of Evidence by Law Enforcement | State v. Kelly-Pallanta
State v. Kelly-Pallanta: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant pled guilty to possession of methamphetamine with intent to distribute following the denial of his motion to suppress evidence seized from his home pursuant to a search warrant. Defendant appealed the trial court’s October 17, 2017 order denying his motion to suppress the…
Read MoreWhat do the police need to put in a house search warrant?
Why is a search warrant so important? What do the police need to put in a search warrant to get into my house? How can the police search my house? What do the police need to tell a judge to get a search warrant? My house was searched and i don’t have the search warrant?…
Read MoreMy house was searched and I don’t have the search warrant?
Why is a search warrant so important? What do the police need to put in a search warrant to get into my house? How can the police search my house? What do the police need to tell a judge to get a search warrant? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The key to…
Read MoreCan my car be searched if I am out of the car, arrested, handcuffed, and placed in the back of a police cruiser?
State v. Houston New Jersey Appellate Division Decision December 12, 2017 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Can my car be searched if I am out of the car, arrested, handcuffed, and placed in the back of a trooper/police cruiser? Why can the police search my car? The questions can be answered…
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 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 MoreWarrantless home search and CONSENT? | State v. Coles | State v. Lamb
Submitted by New Jersey Criminal lawyer, Jeffrey Hark. Warrantless Search and Consent Most households in New Jersey are occupied by more than one person who exercise control over the premises, which begs the question of who can grant consent to conduct a warrantless search. Two cases were decided May 19th by the N.J. Supreme Court…
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