Police Arrest Prompted by High Beam Usage Rejected – State of New Jersey versus Scriven

Published by New Jersey Criminal Lawyer, Jeffrey Hark State v. SCRIVEN Today, after a three year trial and appellate court battle, the New Jersey Supreme Court ruled the police cannot allege a driver improperly used their high-beams if there are no approaching vehicles in the oncoming lanes of traffic in […] Read more »

What should I do if I am identified as a defendant in a criminal investigation?

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant argues that the identification procedure the police used was impermissibly suggestive because it involved multiple viewings of defendant’s photo, and the Critical Reach bulletin Vasquez saw in the police station contained a description of a crime that was similar to what Vasquez […] Read more »

Statutory Interpretation: Ifs, Ands, Buts, and Shall

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Carreon, decided August 11, 2014 rests on statutory interpretation. Put simply, statutes should be read based on the plain meaning of all the language used and if there is any ambiguity then the legislative attempt is examined and considered. The […] Read more »

NJ Criminal Law – Illegal Search of Vehicle and Producing Driver's Credentials

14-2-1787 State of New Jersey v Duran C. Keaton, App. Div. Unlawful Search and Seizure at Accident Scene In this Unpublished appeal the court ruled that the police are required, when there is no exigency, and the driver is able to obtain his identification materials, to allow a defendant to produce […] Read more »

Probable Cause for Further Investigation and Information Relayed to Patrol Officers

14-2-1579 State v. Rosario, App. Div. (per curiam) (10 pp.) The appellate division court found that when a loss prevention officer relays information to police and identifies himself as such to the police on the call to police dispatch provided information based on his personal knowledge and observations that led […] Read more »

State v. Salladino: Impact on New Jersey Criminal Law and Admission of Evidence

14-2-1436 State v. Salladino, App. Div. (per curiam) (13 pp.) On today’s date the New Jersey Appellate Division ruled that under the totality of the circumstances the seizure of the “hard bulge” from somewhere on defendant’s person exceeded the permissible scope of a Terry search for weapons and was thus […] Read more »