Posts Tagged ‘Consent’
Warrants Required for Blood Draws in DWI Cases | Birchfield v North Dakota
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. What does it mean for you, the person who just was pulled over and the police are demanding you give blood!! DON’T GIVE BLOOD UNTIL YOU SEE THE WARRANT SIGNED BY A JUDGE REQUIRING YOU TO GIVE IT!!!!! US Supreme Court affirms warrant requirement for blood draw…
Read MoreExigent Circumstances Required to Draw Blood without Consent or Warrant
On today’s date the New Jersey Supreme Court decided to apply the case of Missouri vs. McNeely retroactively to all cases in their decision of State v. Adkins. If you recall Missouri vs McNeely is the US Supreme Court case we wrote about 18 months ago. The issue was whether the police were required a…
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 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 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 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 MoreSearch Warrants for DWI Blood Sampling – New Jersey Appellate Court Rejects US Supreme Court Decision
Submitted by New Jersey DWI Attorney, Jeffrey Hark 1st New Jersey Appellate Court Rejects the retroactive application of the US Supreme Court’s recent decision of Missouri v. McNeely, 133 S.Ct. 152 which requires a Search Warrants for DWI Blood Sampling In April of 2013 the U.S. Supreme Court ruled in Missouri v. McNeely, 133 S.Ct.…
Read More