Posts Tagged ‘warrantless search’
Can the Police Pull Me Over For Not Having a License Plate Light On My Vehicle?
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark The issue in this case is can the police pull somebody over for not having a license plate light on their vehicle. As a result of the stop the police officer walked up to the car after the defendant, Signode left but turn right. The officer…
Read MoreAnonymous Tips and Warrant-less Search | New Jersey Criminal Law
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark 14-2-3345 State v. Hunter, N.J. Super. App. Div. (per curiam) (10 pp.) Defendant appealed the denial of his motion to suppress evidence seized during a motor vehicle stop. Police received an anonymous call stating that a man was waiving a handgun in front of bystanders while…
Read MoreWhat If a Police Officer Pats Me Down for Weapons but Finds Drugs?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. New Jersey’s Appellate Division has recently decided a case regarding a warrantless pat-down of the defendant’s person and seizure of heroin. In the case, a police officer heading home from work in an unmarked vehicle witnessed the defendant driving his car on the shoulder of the road…
Read MoreCan the Police Search My Rental Car’s Center Console?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v Hamlett A-4399-14T2 In this case the defendant plead guilty to three different indictments for three different criminal cases pending against him. On appeal he raised an argument that the police were not allowed to search his rental car and specifically the center console of the…
Read MoreCan 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…
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