Posts Tagged ‘consent to search’
Have you been pulled over for a motor vehicle violation and asked to get out of your car (in New Jersey)?
Have you been pulled over for a motor vehicle violation in the state of New Jersey? Have the police asked you to get out of your car? Are the police asking you lots of questions once you were out of your car? How far can the police go to ask you questions arising out of…
Read MoreCan Police Always Ask to Search My Vehicle?
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark New Jersey’s Appellate Division recently decided a case regarding whether the Police Always Ask to Search My Vehicle. The defendant was driving just before midnight when two officers in an unmarked vehicle observed the defendant switch lanes without signaling and he also had a faulty brake…
Read MoreYour Rights and the Ability of Police to Search Hotel Rooms and Vehicles | State v. Shaw and Bolden
Were the police allowed to search my hotel room without me there?? Are the police allowed to threaten me with ‘bringing the dog’ to sniff my car? If I am threatened about the ‘bringing the dog’, did i give good consent? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Shaw and Bolden This…
Read MoreDWI Appeal taken after a conditional Plea
State vs. Pressler: Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue: Was the defendant driver able to give consent to the officer who provided New Jersey consent form to for the state to draw blood at a hospital without first obtaining a search warrant. The issue boils down to: The level of the defendant’s mental/physical/…
Read MoreWarrantless home search and CONSENT? | State v. Coles | State v. Lamb
Submitted by New Jersey Criminal lawyer, Jeffrey Hark. Warrantless Search and Consent Most households in New Jersey are occupied by more than one person who exercise control over the premises, which begs the question of who can grant consent to conduct a warrantless search. Two cases were decided May 19th by the N.J. Supreme Court…
Read MoreSupreme Court Taking Up Police Searches of Data Troves Known as Cellphones
Resubmitted by New Jersey Criminal Lawyer, Jeffrey Hark Originally published in the New York Times By Adam Liptak APRIL 27, 2014 Photo A phone collected in the George Zimmerman case in Florida. Arguments will be heard this week on whether searches of cellphones require warrants. Credit Gary W. Green/Reuters WASHINGTON — In a major test…
Read MoreEmergency Aid Doctrine & Cell Phone Locations | New Jersey vs. Earls
State vs. Earls Download the case transcript Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The significant issues in this case is the application of the New Jersey Supreme Court’s prior decision in State vs. Earls. In that prior decision the New Jersey Supreme Court ruled that New Jersey citizens have a right to privacy…
Read MoreThe “Emergency Aid” Exception to the Warrant Requirement | State of New Jersey vs. Thomas W. Earls
Published by Criminal Defense Lawyer Jeffrey Hark Download the entire case excerpt at https://www.judiciary.state.nj.us/opinions/a2084-07.pdf July 11, 2011 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2084-07T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. Thomas W. Earls, Defendant-Appellant. Submitted March 22, 2011 – Decided Remanded by…
Read MoreConsent to Search a Home without Exclusive Access and Control of Property
NEW JERSEY CRIMINAL LAW 14-2-2622 State v. Cushing, App. Div. (per curiam) (26 pp.) There are two key issues in this case. The first is the ability of an owner of a property (or their ‘attorney in fact’ agent) to give consent to the police to search a home which they do NOT have exclusive access and…
Read MoreState of New Jersey vs Michael Cushing | Consent and Warrantless Search
Download the PDF here or visit the New Jersey Courts website RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0856-12T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MICHAEL CUSHING, Defendant-Appellant. ____________________________________________________ Argued October 8, 2013 – Decided Before Judges Messano, Hayden and Rothstadt.…
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