NJ Appellate Court Partially Suppresses Post-Admit Statements in Drug Case

November 25, 2024

State of New Jersey v. Dale Edwards Docket No. A-3184-22 Decided November 12, 2024 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order denying his motion to suppress his statements and derivative evidence obtained during a motor…

NJ Appellate Court Ruling on K9 Field Reports in State v. Morgan

July 29, 2024

State of New Jersey v. Justin Morgan Docket No. A-0499-23 Decided July 23, 2024 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Court of New Jersey decided defendant’s appeal from the trial court’s September 1, 2023, order denying his motion to compel discovery of records relating to narcotics…

Appealing A Denial into the PTI Program Based on Receiving a Prior Marijuana-Related Conditional Discharge Pre-CREAMMA

March 10, 2023

State of New Jersey v. Kevin Waters Docket No. A-1679-21 Decided February 27, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a trial court order affirming the denial of his application for admission into a pre-trial intervention (PTI) program.…

NEW JERSEY SUPREME COURT DRUG RECOGNITION EXPERT (DRE) UPDATE

February 27, 2023

State v. Michael Olenowski Appellate Docket No.: A-56-18 Decided February 17, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent opinion, the Supreme Court of New Jersey reviewed the special master’s report on Drug Recognition Experts (DRE) used in criminal cases and in doing so, adopted a new standard of admissibility of…

An Officer Standing in The Driveway Without a Warrant Cannot Utilize the Warrantless Search of Plain View If the Officer is Not Lawfully in the Area at the Time

February 14, 2023

State v. Raymond Ingram Appellate Docket No.: A-1500-20 Decided February 13, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after finding that officers were not lawfully in the defendant’s driveway and could not view the…

Defendant’s Appeal of His Conviction and Sentence for Possession of Fentanyl and Weapons

December 16, 2022

State of New Jersey v. Tahir Gregory Docket No. A-0460-20 Decided November 29, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his conviction and sentence for possession of fentanyl and weapons. Defendant was indicted by a grand jury with…

Motion To Suppress Involving a Search of Defendant’s Person Resulting in the Recovery of Heroin Folds

October 12, 2022

State v. Lamont Taylor Appellate Docket No.: A-0583-19 Decided October 11, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey affirmed two motions to suppress involving a search of defendant’s person resulting in the recovery of heroin folds. In State v. Taylor, On June…

Reasonableness Is the Relevant Standard to Use When Analyzing the Officer’s Initial Act That Led to the Warrantless Search

October 6, 2022

State of New Jersey v. M.A., Jr. Docket No. A-0304-19 Decided October 4, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal of the trial court’s orders denying his motion to suppress, and barring use of the defense of necessity…

Officer Did Not Have Reasonable Articulable Suspicions of a Tinted Windows Violation That Was Needed to Justify a Motor Vehicle Stop

September 26, 2022

State v. Edward Bejarno Docket No. A-2163-20 Decided September 23, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided Defendant’s motion to suppress evidence following a motor vehicle stop, after he appealed the trial court’s denial of his motion. The facts of the…

There Are Specific Evidentiary Rules as It Relates to Officer’s Testimony, Either at Trial or In Grand Jury Proceedings

August 18, 2022

State of New Jersey v. Terrell Tucker   DOCKET NO. A-0937-21 Decided August 3, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed the judge’s decision denying defendant’s motion to dismiss the indictment following officer’s testimony of defendant’s state of mind in the…