Posts Tagged ‘motion to suppress’
Reversed Defendant’s Conviction Following His Plea of Guilty to the Rape and Murder of A.S
State of New Jersey v. Andreas Erazo Docket No. A-16-22 Decided June 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether the Appellate Division properly reversed defendant’s conviction following his plea of guilty to the rape and murder of…
Read MoreMotion To Suppress Evidence Seized as the Result of an Unlawful Search
State of New Jersey v. Damon Gary Docket No. A-0590-22 Decided June 9, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order granting defendant’s motion to suppress a handgun recovered during a stop and frisk. On February 16,…
Read MoreUnderstanding the Different Requirements Officers Need at Various Levels of Searches
State v. Kee Decided April 26, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished decision, the Appellate Division of New Jersey reviewed whether defendant was properly questioned and a witness was properly detained after a motor vehicle stop led to an investigation of a shooting, implicating the defendant. In State v. Kee,…
Read MoreEmergency Circumstances Can Create an Exception to Warrants, Probable Cause, and Plain View
State v. Shaquille Appellate Docket No.: A-4139, 5085, 5677-17T3 Decided December 15, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress where police entered a home and a hotel room investigating a shooting and using emergency…
Read MoreState v. Hamaway Appellate Division April 16, 2018 Standard of Review of Criminal Court Motion to Suppress
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case there are numerous issues at play. I have previously provided a review of the issuers pertaining to the substantive search warrant and the drugs found as a result. Now I will be discussing the standard of review performed by the appellate division of the…
Read MoreCan the Police Search My Rental Car’s Center Console?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v Hamlett A-4399-14T2 In this case the defendant plead guilty to three different indictments for three different criminal cases pending against him. On appeal he raised an argument that the police were not allowed to search his rental car and specifically the center console of the…
Read MoreAppellate Standard of Review for a Motion to Suppress
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Aziz. Decided March 31, 2016 In reviewing the denial of a motion to suppress for an alleged violation of Miranda, we use a “searching and critical” standard of review to protect a defendant’s constitutional rights. State v. Maltese, 222 N.J. 525, 543 (2015) (quoting State…
Read MoreDifferent Record Same Evidence: When Pretrial Motion Records Can Be Incorporated
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Bruno Gibson, decided September 16, 2014 by the Supreme Court of New Jersey lays out the difference between evidence presented at a motion to suppress hearing and evidence at trial as well as when to acquit a defendant versus when to remand them for a…
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