Defendant Appeals Denial Of His Motion To Suppress A Loaded Handgun Seized During A Warrantless Search Of His Vehicle.

State of New Jersey v. Wadeworth Afflick Docket No. A-3747-20 Decided November 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of his motion to suppress a loaded handgun seized during a warrantless search of his vehicle. The…

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Denied: Defendant’s Appeal of An Order His Motion for Admission into The Pretrial Intervention (“PTI”) Program

State of New Jersey v. Russell Olexa Docket No. A-0361-21 Decided October 3, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal of an order denying his motion for admission into the Pretrial Intervention (“PTI”) program. On May 28, 2019, defendant,…

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Defendant Was Not Seized Prior To Detective Witnessing the Gun, As Defendant Was Still Manipulating the Gun in His Waistband

State of New Jersey v. Anthony Ford                                                                   Docket No. A-2262-19                                                                                                                Decided September 9, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s ruling and also held that the Defendant was not seized prior to Detective Jimenez witnessing the…

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Docket No.: A-3899-19 Decided July 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey overturned a trial court’s suppression of evidence found in the trunk of a car after officers failed to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