Posts Tagged ‘controlled dangerous substance’
There Are Different Levels of Suspicion Necessary for Officers to Effectuate a Traffic Stop, Investigation, Request a Search Warrant, And Search and Seize Property
State v. Muhammad Appellate Docket No.: A-3017-18 Decided July 15, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a fifteen second delay was a violation of the knock and announce rule to search warrants before breaching entry. In State v. Muhammad,…
Read MoreThere Are Different Standards for An Officer to Effectuate a Traffic Stop, Investigation, Arrest or Search
State v. Alvarez-Mercedes Appellate Docket No.: A-1201-20 Decided July 13, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress of heroin found in a towed vehicle after a confidential informant provided a tip that defendant would…
Read MoreUnderstand the Different Levels of Information Officers Need when Investigating to Properly Make an Arrest
State v. Ruffin Appellate Docket No.: A-3979-18 Decided March 8, 2021 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a Controlled Dangerous Substance (CDS) Driving Under the Influence (DUI) after police found a man hunched over in his car on the side of the…
Read MoreEvidentiary Rulings Can Make or Break A Defense to a Criminal Action
State v. Kane Appellate Docket No.: A-1996-18T4 Decided January 26, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress in which detectives surveilled the defendant based on a confidential informant and prior knowledge…
Read MoreHow Out of Court and In-Court Identification of Defendant Can Require a New Trial
State v. Balloutine Appellate Docket No.: A-4894-17T4 Decided October 5, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey required a new trial when a trial court failed to provide out of court identification jury charges and only gave the jury in court identification…
Read MorePTI Appeal—- Abuse of Prosecutor’s Discretion when considering factors no longer applicable!
State v. Davon M. Johnson New Jersey Supreme Court Argued March 11, 2019 — Decided May 30, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue on Appeal: Johnson’s unsuccessful application for pretrial intervention (PTI). Johnson was charged with third-degree possession of a controlled dangerous substance (CDS) within 1000 feet of a school zone,…
Read MoreNew Jersey adopts Federal Test for Double Jeopardy
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark New Jersey’s Supreme Court has recently adopted the same test used at the federal level for protection against double jeopardy. In the case, the defendant was arrested for selling marijuana to an undercover police officer. The defendant was charged with possession of marijuana with intent to…
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