Posts Tagged ‘warrants’
Cell 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…
Read MoreMajor Ruling Shields Privacy of Cellphones
Supreme Court Says Phones Can’t Be Searched Without a Warrant Submitted by New Jersey Criminal Attorney, Jeffrey Hark Originally published in the New York Times Read the related SCOTUS case, Riley vs California Chief Justice John G. Roberts Jr. called cellphones “a pervasive and insistent part of daily life.” Credit Stephen Crowley/The New York Times…
Read MoreWarrantless home search and CONSENT? | State v. Coles | State v. Lamb
Submitted by New Jersey Criminal lawyer, Jeffrey Hark. Warrantless Search and Consent Most households in New Jersey are occupied by more than one person who exercise control over the premises, which begs the question of who can grant consent to conduct a warrantless search. Two cases were decided May 19th by the N.J. Supreme Court…
Read MoreSupreme Court Taking Up Police Searches of Data Troves Known as Cellphones
Resubmitted by New Jersey Criminal Lawyer, Jeffrey Hark Originally published in the New York Times By Adam Liptak APRIL 27, 2014 Photo A phone collected in the George Zimmerman case in Florida. Arguments will be heard this week on whether searches of cellphones require warrants. Credit Gary W. Green/Reuters WASHINGTON — In a major test…
Read MoreEmergency Aid Doctrine & Cell Phone Locations | New Jersey vs. Earls
State vs. Earls Download the case transcript Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The significant issues in this case is the application of the New Jersey Supreme Court’s prior decision in State vs. Earls. In that prior decision the New Jersey Supreme Court ruled that New Jersey citizens have a right to privacy…
Read MoreThe “Emergency Aid” Exception to the Warrant Requirement | State of New Jersey vs. Thomas W. Earls
Published by Criminal Defense Lawyer Jeffrey Hark Download the entire case excerpt at https://www.judiciary.state.nj.us/opinions/a2084-07.pdf July 11, 2011 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2084-07T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. Thomas W. Earls, Defendant-Appellant. Submitted March 22, 2011 – Decided Remanded by…
Read MoreSearch Warrants for DWI Blood Sampling – New Jersey Appellate Court Rejects US Supreme Court Decision
Submitted by New Jersey DWI Attorney, Jeffrey Hark 1st New Jersey Appellate Court Rejects the retroactive application of the US Supreme Court’s recent decision of Missouri v. McNeely, 133 S.Ct. 152 which requires a Search Warrants for DWI Blood Sampling In April of 2013 the U.S. Supreme Court ruled in Missouri v. McNeely, 133 S.Ct.…
Read MoreTelephonic Requests for Search Warrants for Blood Tests in Driving While Intoxicated (DWI) Cases
On April 17, 2013 I wrote about the recent US Supreme Court’s Opinion in McNeeley vs. Missouri where the Court found that dissipation of blood alcohol no longer constituted exigent circumstances as a means to bypass the ‘warrant requirement ‘ prior to a blood draw at a hospital. The Court further ruled that each case…
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