When Do Police Have the Right to Approach you with Guns Drawn

State v. Ford & Williams Appellate Division Nj August 24, 2018–Pulled over or approached by the police with guns drawn Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this recent Appellate Division decision the court overturned a trial judges ruling regarding evidence obtained from a defendant the police and countered and immediately drew their…

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State vs. Rosario: Is this an arrest or a field inquiry?

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State vs. Rosario In this case the issue is whether the police’s contact and communications with the defendant was a ‘field inquiry’, a Terry stop, or a custodial interrogation?  If difference depends on whether the subject of the inquiry, the defendant here, feels their freedom to leave have been…

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