Posts Tagged ‘warrantless search’
Protective 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…
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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana…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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor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 In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor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 Warrantless Search and a Protective Sweep of a Residence
State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…
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 MoreGoodson, Part 2 — From the street to the house…..Can the police get into the house and search?
STATE OF NEW JERSEY v. ROBERT O. GOODSON, Decided December 3, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant Robert O. Goodson appeals from his October 27, 2017 conviction after his motion to suppress the evidence was denied. Because the facts track very closely with those in State v. Rosario, 229 N.J. 263 (2017), we reverse,…
Read MoreState v. Graham
State v. Graham Docket No. A-4697-17T2 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Late one evening in March 2014, a police officer pulled over the defendant, Mr. Graham, for a broken headlight and tinted front windows. When the defendant rolled down his window, the officer testified to smelling a strong odor of raw marijuana,…
Read MoreNew Jersey Appellate Division decision October 24, 2019 what are the police allowed to do with a narcotic dog and searching a vehicle?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case is an Extension of the New Jersey Supreme Court decisions and Witt and Dunbar. The court here found the trial judge made an error of law when he opined that the hit by a narcotics dog required the police to obtain a search warrant to…
Read MoreSuppression of Evidence required when police enter a home without a warrant – State v. ADL August 7, 2019
STATE OF NEW JERSEY, v. MIKIEL A. ADL, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided August 7, 2019 (NOT APPROVED FOR PUBLICATION) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the police came to a home in search of a shooter. One officer knocked on the door in plain cloths, however there were…
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