New Jersey Criminal Law
NJ Supreme Court dismisses all parking violations; motor vehicle offenses such as going through a stop sign, improper passing, general motor vehicle equipment violations, certain speeding offenses, and running a red light, local ordinance violations
See the full document: NJ Supreme Court dismisses all parking violations
Read MoreAre the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver is “unwilling driver to cooperate”
14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark When a cooperative driver provides vehicle credentials are the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver…
Read MoreStandard of Appellate Review for trial court’s decision wither to Suppress the gun found in the glove box after a ‘warrantless search’.
14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: The judge conducted suppression hearings on July 26, 2016 and September 30, 2016. The following facts were adduced at the suppression hearings. At 10:00 p.m. on March 16, 2014, Berlin Township police officer Kenneth Barbagli,…
Read MoreThe ability of the police dog to testify in court
Issue: The ability of the police dog to testify, and what the state need to do to insure that the police dog’s actions can be testified to by his handler. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: At the suppression hearing, the arresting officer testified he stopped defendant in August 2016 because…
Read MoreLIVE: Active shooter situation at UPS facility in Gloucester County, New Jersey
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark LOGAN TWP., N.J. (WPVI) — Multiple police agencies and the FBI are responding to an active shooter situation at a UPS facility in Gloucester County, New Jersey. The incident was reported around 9 a.m. Monday on Birchcreek Road in Logan Township. This map shows the location of…
Read MoreNew Jersey’s 2016 revisions to their expungement statute and applications for expungements
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark On January 8, 2019 New Jersey Supreme Court takes an additional steps towards reforming the criminal justice system with this decision addressing New Jersey’s 2016 revisions to their expungement statute and applications for expungements for defendants who have successfully completed drug court. Relying on the 2016 revisions…
Read MoreVideo Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does Henderson apply?
State v. Nurse , N.J. Super. App. Div. January 3, 2019 The police love the Video Surveillance from cameras near by used as evidence, and social media friendship, text evidence and photos from texts used as evidence. Does New Jersey’s Henderson identification procedure apply to a case with video surveillance? Submitted by New Jersey Criminal Lawyer,…
Read MorePlain view of a gun found in a car — What is “plain view”?
STATE OF NEW JERSEY v. LEE M. TRAVERS, Decided January 2, 2019 New Jersey Appellate Divsion Issue in this case to be addressed: Plain view of a gun found in a car—— What is “plain view”? FACTS: The facts here are key— because the police were called to the Toms River Ocean County scene and were told about the…
Read MoreGovernor Murphy Toughens New Jersey’s Gun Laws by Signing Safety Measures to Protect Children and Families
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark TRENTON – Governor Phil Murphy today signed a package of common-sense gun safety bills that make New Jersey among the states with the strongest and most formidable gun laws in the nation. More than 2,000 shootings occur annually in New Jersey, with around 500 firearm-related deaths…
Read MoreWhat is the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence ??
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In light of our remand on these grounds, we further request the motion judge to reexamine whether the police had the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence…
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