Posts Tagged ‘warrantless search and seizure’
Warrantless Search and Seizure of Weapons Was Impermissible, Unsupported by Probable Cause, and Without Exigent Circumstances
In the Matter of J.M. Docket No. A-1026-20 Decided January 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant’s appeal from a Temporary Extreme Risk Protective Order (“TERPO”) and Final Extreme Risk Protective Order (“FERPO”) entered against him, as well as the…
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana…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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor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…
Read MoreThe Different Levels of Information Officers Need to Properly Make an Arrest and Charge Someone with a Crime
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor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…
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 MoreConstitutionality of the Seizure of Evidence by Law Enforcement
State v. Torres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. After the trial court denied his motion to suppress the seizure of the clothing he was wearing when he was taken into custody, defendant pleaded guilty to first degree murder, N.J.S.A. 2C:11-3(a) (1) (count one); second-degree disturbing human remains, N.J.S.A. 2C:22-1(a)(1) (count four); and…
Read MoreCAN THE POLICE COME INTO MY HOTEL ROOM??
State v. Phillips New Jersey Appellate Division November 18, 2019 (Not Approved for Publication) Decision: Remand to trial judge for further hearing Issue: When and how can the police come into my hotel room?? It is a factually specific question based on the following law– Submitted by New Jersey Criminal Lawyer, Jeffrey…
Read MoreState v. Johnson — Appeal New Jersey Appellate Division August 9, 2019
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. State v. Johnson Facts: As of that time, he had been on the police force for over five years, initially as a patrolman and thereafter as a detective in the Narcotics/Gang Unit. Officer Stinsman had been specifically trained at the police academy to recognize hand-to-hand narcotics…
Read MoreUnlawful Possession for Weapon Protective Sweep by police at scene of Motor Vehicle Stop
There must be specific and articulable facts that, at the time of the search of a vehicle, a person is capable of gaining immediate control of a weapon or weapons Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Ortiz New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Facts: The salient…
Read MoreStandard of review Suppression of Evidence Pre-State v. Witt (Pena-Flores Standard of Review) Motor Vehicle Stop New Jersey
State v. Ortiz New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In reviewing a motion to suppress evidence, this court must defer to the trial court’s fact findings underlying its decision, “so long as those findings are supported by sufficient credible evidence in the…
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