Posts Tagged ‘warrantless search’
Unlawful 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…
Read MoreAre the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver is “unwilling driver to cooperate”
14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark When a cooperative driver provides vehicle credentials are the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver…
Read MoreStandard of Appellate Review for trial court’s decision wither to Suppress the gun found in the glove box after a ‘warrantless search’.
14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: The judge conducted suppression hearings on July 26, 2016 and September 30, 2016. The following facts were adduced at the suppression hearings. At 10:00 p.m. on March 16, 2014, Berlin Township police officer Kenneth Barbagli,…
Read MoreIf the defendant does not cooperate with the pat down given the officer’s fear of their own safety, and the positive dog sniff, are the police allowed to conduct a strip search without a search warrant?
Submitted by New Jersey Criminal Attorney, Jeffrey Hark. I was recently arrested after a motor vehicle stop. The police threatened to bring a dog to the scene while they were searching the car. They smelled “burn “marijuana “and/or raw marijuana? The police also had confidential informant information that this defendant may have or always had…
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 MoreState v. Akeem Boone (A-3-16) (077757)Search Warrant issues
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 MoreHow much of my car can the police search if they pull me over and smell marijuana?
How much of my car can the police search when they pull me over and smell weed? Can they rip my car apart??? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The appellate division answer this question on December 12, 2017 in State v. Houston.The issue: did the search of your car once you were…
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…
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