Pre-Trial Detention Appeals for Drug Related Offenses: State v. P.J.C.

July 1, 2020

State v. P.J.C.: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. After conducting a motor vehicle stop, a police officer smelled marijuana, and pursuant to the motor vehicle exception to the fourth amendment of the U.S. Constitution’s prohibition against illegal searches and seizures, searched the occupants. The passenger and driver said they had purchased…

Vehicle or Home Search Without a Warrant

June 19, 2020

State v. Brown blog post 4 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied.  Consent was unlawfully obtained after getting consent from a…

Defendant’s Consent to Home Search Coerced after Traffic Stop

June 18, 2020

State v. Brown blog post 3 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied.  Consent was unlawfully obtained after getting consent from a…

Suppression of Evidence in Court When Wrongly Obtained / Illegal Search and Seizure

June 17, 2020

State v. Calcott: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Defendant traveled on a private jet by himself carrying two leather briefcases and two rectangular containers, one three by four feet, the other slightly smaller. After speaking with defendant before departure, the pilot contacted the Drug Enforcement Administration (DEA) regarding his suspicion defendant…

Consent to Search Home for Drug Paraphernalia Unlawfully Obtained after Traffic Stop

June 17, 2020

State v. Brown blog post 2 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied.  Consent was unlawfully obtained after getting consent from…

Police Search Home for Drug Paraphernalia After Motor Vehicle Stop

June 16, 2020

State v. Brown blog post 1 of 4 Appellate Docket No.: A-4938-18T1 Decided June 11, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reversed a judgment of conviction after a motion to suppress was denied.  Consent was unlawfully obtained after getting consent from…

New Jersey’s Prescription Monitoring Program and Oxycodone Distribution Conspiracy

June 15, 2020

State v. Stoveken: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The pertinent issue in this case was whether a grand jury subpoena was sufficient to access prescription drug information maintained in New Jersey’s Prescription Monitoring Program (PMP). Defendants, along with others, were involved in a conspiracy to distribute oxycodone. During an investigation of…

State v. Barnes

April 10, 2020

Appellate Docket No.: A-0659-18T4 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an improper jury charge. In State v. Barnes, the Defendant was indicted for third-degree possession of heroin, N.J.S.A.2C:35-10(a)(1); second-degree possession of heroin, with the intent to…

State v. Reyes

April 9, 2020

Appellate Docket No.: A-0182-18T2 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issues of reasonable suspicion and unlawful search and seizure. In State v. Reyes, the Grand Jury indicted defendant for possession of heroin, contrary to N.J.S.A. 2C:35-10(a)(1), and possession…

Clearing marijuana offenses in N.J. is coming — if Murphy signs bill this time

December 20, 2019

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. People convicted of marijuana offenses in New Jersey are closer to getting their records cleared, as the state Legislature voted Monday to pass an expungement bill. “This move will make it possible for thousands of residents now and in the future to truly be able to…