Posts Tagged ‘warrantless search’
State’s Appeal of An Order Granting Defendant’s Motion to Suppress Physical Evidence Seized from His Person Without a Warrant
State of New Jersey v. Raheem Reed Docket No. A-2111-21 Decided October 5, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal of an order granting defendant’s motion to suppress physical evidence seized from his person without a warrant. On September…
Read MoreReasonableness Is the Relevant Standard to Use When Analyzing the Officer’s Initial Act That Led to the Warrantless Search
State of New Jersey v. M.A., Jr. Docket No. A-0304-19 Decided October 4, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal of the trial court’s orders denying his motion to suppress, and barring use of the defense of necessity…
Read MoreOfficers Had Probable Cause to Search Defendant’s Vehicle Due to a Canine Sniff, But Were Required to Request a Search Warrant
State v. Kyle A. Smart Appellate Docket No.: A-2334-21 Decided June 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey affirmed a trial court’s granting of a motion to suppress after officers had probable cause to search defendant’s vehicle due to a canine sniff,…
Read MoreIs Searching Files on Someone’s Computer Considered a Warrantless Search?
State v. Lapczynski Appellate Docket No.: A-1671-19 Decided March 9, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress after child pornography was found by a cohabitant, reported to the police, and after police viewing some…
Read MoreIs a Warrantless Search of a Home Justified After the Occupant Was Detained Outside the Home?
State v. Christopher Radel State v. Keith Terres Appellate Docket No.: A-44-20 A-45-20 Decided January 20, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed two cases to determine whether police warrantless search of a home was justified after the occupant was detained…
Read MoreOfficers Conducted a Motor Vehicle Stop and Found a Firearm Upon Searching for the Driver’s Credentials After a Refusal
State v. Reid Appellate Docket No.: A-4238-19 Decided December 8, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers conducted a motor vehicle stop and found a firearm upon searching for the driver’s…
Read MoreThe Plain View and Exigent Circumstance Exceptions to The Warrant Requirement
STATE OF NEW JERSEY, Plaintiff-Appellant, RASHEED M. PHILLIPS, Defendant-Respondent. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Here at Hark&Hark we have already written about State v. Phillips, in 2019. We stay up to date on this June 14, 2021, appellate decision. See State v. Phillips | New Jersey Criminal Civil Lawyer. The facts are…
Read MoreIn Order for Search and Seizure, Officers Need Probable Cause Through A Warrant or Circumstances That Would Ordinarily Permit Officers to Get A Warrant
State v. Weaver Appellate Docket No.: A-4582-18 Decided April 6, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a police search of a home that lead to finding firearms under a mattress without a warrant and in search of the defendant who…
Read MoreEmergency Circumstances Can Create an Exception to Warrants, Probable Cause, and Plain View
State v. Shaquille Appellate Docket No.: A-4139, 5085, 5677-17T3 Decided December 15, 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 where police entered a home and a hotel room investigating a shooting and using emergency…
Read MoreProtective Sweep of Home when Defendant was Arrested Outside the Home May be Unlawful
State v. Radel Appellate Docket No.: A-2503-18T3 Decided October 20, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress a firearm found inside a defendant’s home as a result of a protective sweep after defendant was…
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