Archive for March 2016
State vs. Rosario: Is this an arrest or a field inquiry?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. Rosario In this case the issue is whether the police’s contact and communications with the defendant was a ‘field inquiry’, a Terry stop, or a custodial interrogation? If difference depends on whether the subject of the inquiry, the defendant here, feels their freedom to leave have been…
Read MoreLegal Standard of Review of a Trial Court’s Motion to Suppress | State vs. Wilson
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark 14-2-9404 State v. Winslow, App. Div. (per curiam) (13 pp.) When reviewing a motion to suppress, we “must uphold the factual findings underlying the trial court’s decision so long as those findings are supported by sufficient credible evidence in the record.” Handy, supra, 206 N.J. at 44 (citation…
Read MoreRight to Privacy in the Hotel Registration Sign In / Log book
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-9404 State v. Winslow, App. Div. (per curiam) (13 pp.) A long standing standard ‘slow night’ policing tactic includes an officer conducted a “registry check” at the neighborhood low end ‘motels’ or hotels in town looking for anyone with an outstanding warrant for arrest for any reason. In this…
Read MoreSchool bus knocks stuffing out of turkey during Vineland crash
Submitted by New Jersey School Bus Crash Lawyer, Jeffrey Hark. VINELAND — A bus ride to school was cut short after a turkey flew in front of the vehicle and into the windshield. There were no serious injuries in the school bus accident except for the turkey, which was killed on impact, according to Vineland Police…
Read MoreState vs. Hector Feliciano NJ Supreme Court Decision – Continued use of a Roving Wiretap!
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark The key in this ROVING WIRE TAP CASE IS AS FOLLOWS: State vs Hector Feliciano The court found the New Jersey legislature, when it did not adopt the eased ‘proximity’ language from the federal counterpart, this state maintained the original, stricter standard that requires the State…
Read MoreCriminal Resources related to State vs. Feliciano
Published by New Jersey Criminal Lawyer, Jeffrey Hark 2A:156A-8. Authorization for application for order to intercept communications The Attorney General, county prosecutor or a person designated to act for such an official and to perform his duties in and during his actual absence or disability, may authorize, in writing, an ex parte application to a…
Read MoreN.J. trooper killed in I-295 crash
Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark DEVELOPING: A New Jersey state trooper injured Monday night in an accident on I-295 in West Deptford has died, authorities said. The trooper, who was not identified, was struck on the highway about 8:30 and was taken to Cooper University Hospital, authorities said. Information on…
Read MoreState vs Wright: Intimidation and Psychological Tools Used by Police Prior to Miranda Warnings
Submitted by New Jersey Criminal Attorney, Jeffrey Hark State vs. Wright Appellate Division February 29, 2016 (Approved for Publication) The key to this part of the decision is the appellate courts recognition of the psychological warfare tools used by the police to intimidate and cajole arrestees into admitting anything, anything between the time they are…
Read MoreState vs. Wright: Identification of the defendant by the victim at the scene
Submitted by New Jersey Criminal Attorney, Jeffrey Hark State vs. Wright Appellate Division February 29, 2016 (Approved for Publication) The next issue in this case is the identification of the defendant by the victim at the scene. In 2011 the NJ Supreme Court handed down it surfing in State vs. Henderson. That decision outlined a…
Read MoreAppellate Review of Defendant’s Statement Without the Benefit of Miranda Warnings.
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State vs. Wright 1) Appellate review of a trial court’s decision for out of court identification and a use of defendant’s statement without the benefit of miranda warnings. This court, as all, review facts and the law and the trial court’s written decision. The court then outlines…
Read More