Posts Tagged ‘unreasonable search’
Brooklyn Judge’s Ruling Raises Bar for Covert Cellphone Tracking
The StingRay, which is the size of a suitcase, essentially tricks nearby cellphones by acting like a cellphone tower and intercepting a phone’s signal. The devices can capture texts, calls, emails and other data.CreditU.S. Patent and Trademark Office, via Associated Press By Benjamin Mueller and Al Baker Nov. 15, 2017 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark.…
Read MoreCan the police search my car before they get a warrant?
Can the police pull me over for no reason and get a search warrant to search my car, belongings bag, and other items after the fact? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled: “Search warrants are prospective in nature — they authorize the taking of action. A later-obtained…
Read MoreAre the police allowed to threaten and actually bring a canine to a motor vehicle stop for a ‘sniff’ of a car?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Our New Jersey Supreme Court decided on July 10, 2017 that New Jersey police can bring a dog to a motor vehicle stop without reasonable suspicion so long as the dog sniff does not prolong the stop beyond the time required to complete the stop’s mission. In…
Read MorePolice Arrest Prompted by High Beam Usage Rejected – State of New Jersey versus Scriven
Published by New Jersey Criminal Lawyer, Jeffrey Hark State v. SCRIVEN Today, after a three year trial and appellate court battle, the New Jersey Supreme Court ruled the police cannot allege a driver improperly used their high-beams if there are no approaching vehicles in the oncoming lanes of traffic in order to effectuate a motor…
Read MoreSearch and Seizure Based on an Anonymous Caller
CRIMINAL LAW – 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 defendant. The…
Read MoreDo Not Disturb: SCOTUS Holds Warrantless Searches of Hotel Guest Records Unconstitutional
Submitted by New Jersey Criminal Attorney, Jeffrey Hark On June 22, 2015 the U.S. Supreme Court decided City of Los Angeles, California v. Patel et al., a case that pitted Fourth Amendment rights against a city’s interest in reducing crime. The controversy arose out of L.A. Municipal Code Section 41.49(3)(a) which requires hotel operators to…
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 MoreCell Phones: Password Protected And Now Warrant Protected
Major Privacy Ruling – Cell Phones and Unreasonable Search Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. News Flash:—— United States v. Wurie and Riley v. California. The U.S. Supreme Court decided two landmark cases on June 25, 2014 for anyone who gets arrested with a cell phone on them. One case arose out of…
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