Overturned: Suppression of Evidence Found in The Trunk of a Car After Officers Failed to Completely Search the Passenger Area of the Vehicle

State v. Joshua McMillian Appellate Docket No.: A-3899-19 Decided July 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey overturned a trial court’s suppression of evidence found in the trunk of a car after officers failed to completely search the passenger area of the…

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Officers Had Probable Cause to Search Defendant’s Vehicle Due to a Canine Sniff, But Were Required to Request a Search Warrant

State v. Kyle A. Smart Appellate Docket No.: A-2334-21 Decided June 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey affirmed a trial court’s granting of a motion to suppress after officers had probable cause to search defendant’s vehicle due to a canine sniff,…

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Supreme Court Of New Jersey Reviewed the Prohibition of Car Window Tint and Concluded That the Statute Was Unconstitutionally Vague

State v. David L. Smith Appellate Docket No.: A-4-21 Decided June 28, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reviewed the prohibition of “non-transparent material” on car windows, otherwise known as tint, and concluded that the statute was unconstitutionally vague, reversing a finding of…

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Witness’s Charge and Subsequent Conviction of a Robbery Used as Evidence by the Defendant to Show That He Did Not Sexually Assault the Witness

State v. Munroe Appellate Docket No.: A-0183-18 Decided May 23, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s charge and subsequent conviction of a robbery could be used as evidence by the defendant to show that he did…

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Statements Made Without Properly Being Read Your Miranda Rights Could Be Suppressed

State v. O.D.A.-C. Appellate Docket No.: A-78-20 Decided May 2, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reversed a denial of a motion to suppress after detectives continuously undermined the significance of the Miranda warning after properly administering Miranda. In O.D.A.-C., detectives…

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Motor Vehicle Search and Seizure of Significant Amounts of Marijuana After Defendant Initiated His Turn Signal During a Lane Change

State v. Dylan Barazanji Appellate Docket No.: A-240-20 Decided April 14, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey affirmed a motor vehicle search and seizure of significant amounts of marijuana after defendant initiated his turn signal during a lane change rather…

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