New Jersey Criminal Law
Parking Lots May Be Structures In Burglary Cases
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Olivero, decided June 29th, resulted in a unanimous opinion from the New Jersey Supreme Court deciding the question: Does a parking lot constitute a structure as would make someone criminally liable for burglary under N.J.S.A. 2C:18-2a? N.J.S.A. 2C:18‑2a insofar as it is applicable to this…
Read MoreDon’t Wait on Miranda to Protect You
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Monterotorivo, is an appeal decided by the Appellate Division on June 16th, concerning a motion to suppress evidence in the form of defendant’s statements to police officers. The case arose out of an incident where defendant allegedly stated publicly that he intended to kill an…
Read MoreDo Not Disturb: SCOTUS Holds Warrantless Searches of Hotel Guest Records Unconstitutional
Submitted by New Jersey Criminal Attorney, Jeffrey Hark On June 22, 2015 the U.S. Supreme Court decided City of Los Angeles, California v. Patel et al., a case that pitted Fourth Amendment rights against a city’s interest in reducing crime. The controversy arose out of L.A. Municipal Code Section 41.49(3)(a) which requires hotel operators to…
Read MoreKnowing, Intelligent and Voluntary
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Previously a blog concerning urbina case discussed what constitutes the crime of aggravated manslaughter and the defense of self-defense. Today’s blog will explain waiver of a defense of self-defense, and briefly discuss the process of appeal after a plea agreement. As discussed in the last blog, the basic…
Read MoreCrime and Defense: Clarifying the True Meanings of Aggravated Manslaughter and Self-Defense
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Urbina, decided June 16 by the New Jersey Supreme Court is a case that brings up a lot of issues that may be of importance to our readers and will be written about over the course of two blogs. Today’s blog concerns a crime and…
Read MoreThe 4th Amendment Protects All of Us but Only From Some of Us
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Wright, decided by the New Jersey Supreme Court began with a simple call from a tenant to her landlord about a leaking pipe in the kitchen ceiling. The landlord and a plumber followed the source of the leak which ultimately led them to the bedroom.…
Read MoreReasonable expectation of privacy in stolen vehicle depends on knowledge not bright line rule
Defendant Dqwan Taylor was a passenger in a stolen vehicle back in 2012 when it was pulled over by State Troopers. The driver could not produce registration. Additionally nobody seemed to know who the owner was but just mentioned it belonged to a “friend.” The license plate didn’t match the vehicle, but the VIN number…
Read MoreSniffing Around: Traffic Stops May Not Be Extended for Narcotics Dogs
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. It’s just after midnight on a Tuesday morning in March of 2013. A Nebraska police officer spots a vehicle driving along the shoulder of a highway in violation of traffic law. He pulls the vehicle over, checks the driver’s licenses of the operator and passenger, and issues…
Read MoreThe officers were not justified in searching defendant’s auto due to the lack of any exigency and P.C. for such a warrantless motor vehicle stop
An officer must smell the odor of the illegal substance when they are lawfully in a position from which they could smell the odor. The smell of burnt marijuana, by a trained and experienced officer, emanating from passenger compartment of a legally stopped motor vehicle creates probable cause to believe that a violation of…
Read More2014 Revised Statutes of the New Jersey Criminal Code (Title 2-C)
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark 2014 New Jersey Revised Statutes Title 2C – THE NEW JERSEY CODE OF CRIMINAL JUSTICE Section 2C:1-1 – Short title; rules of construction Section 2C:1-2 – Purposes; principles of construction Section 2C:1-3 – Territorial applicability Section 2C:1-4 – Classes of offenses Section 2C:1-5 – Abolition of common…
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