Posts Tagged ‘warrantless search’
Can a Police Officer Follow Me Into My Home
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey’s Supreme Court regarding a warrantless search of a defendant’s home. In the case, an officer responded to a noise complaint; essentially a municipal ordinance charge! The defendant was standing on the porch of his home when the officer showed…
Read MoreWhat is a ‘defacto’ arrest? Was I held by the police at the scene too long? What is a Terry Stop?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Were the passengers with no criminal history Improperly detained and or arrested? As I stated in the facts above two of the defendants were detained even though their identification checked and they had no outstanding warrants for their arrest. The court observed these two defendants were placed…
Read MoreHave your license, insurance and registration in hand if you are pulled over.
When you get pulled over make sure you have your license, insurance, and registration in hand in order to avoid the necessity of further unwarranted intrusion by the police into your passenger compartment of your vehicle. This court recognized an exception to the warrantless search by police of a vehicle to uncover proof of ownership.…
Read MoreKey Issues Involving the Interaction Between the Police and Individuals in Their ‘Residences’ | State vs. Webb
State vs. Webb Appellate Division February 12, 2016 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue 1—– In New Jersey, absent probable cause and exigent circumstances the police still need a search warrant to enter a structure which the defendant may have actual or constructive possession thereof. THIS IS AN INVOLVED AND LONG…
Read MoreDetention At Arrest Location For 6 Minutes Held Reasonable!
State v. Antoine D. Watts (A-21-14) (074556) Argued September 17, 2015 — Decided December 2, 2015 Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark New Jersey Supreme Court decision: The issue in this case is whether the second search of a defendant for 6 minutes after he was initially detained on a street corner…
Read MoreState v. Witt Part II: The Confusion of Exigency
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A previous blog presented the facts of State v. Witt and explained that up until now Pena-Flores was the governing case in New Jersey when it came to warrantless vehicle searches. Under that case a police officer must meet three requirements to search a vehicle without a…
Read MoreLarge Gap Between Reasonable Suspicion and Probable Cause
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Lewis, decided by the Appellate Division, on June 25th, is an appeal of a conviction partially based on a motion to suppress evidence that defendant argues was improperly denied by the trial court. The relevant facts are that the defendant was spotted by an…
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 MoreEmergency Circumstacnes: Exigency in State v. Eckel,
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Our court has outlined exigency in See State v. Eckel, 185 N.J. 523. Exigency has been defined as circumstances which provide the officer with the heightened concern for his safety or the destruction of evidence. Id. at 534. The U.S Supreme Court’s 2013 decision in Missouri v.…
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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