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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a fifteen second delay was a violation of the knock and announce rule to search warrants before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 More

Evidentiary and Discovery Rulings Can Make or Break A Defense to A Criminal Action

State v. Desir Appellate Docket No.: A-43-19 Decided February 9, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent opinion, the Supreme Court of New Jersey reviewed whether a defendant is entitled to discovery stemming from a purchase of narcotics by a confidential informant (CI) even though the defendant was not charged…

Read More

Evidentiary 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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress in which detectives surveilled the defendant based on a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 More

Probable Cause: Smell of Marijuana | What happens in New Jersey the smell of weed is no longer considered Probable Cause?

STATE OF NEW JERSEY v. PAUL K. EUSTACHE,   Decided November 10, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Issue in case- Search without warrant The Rahway police department received an anonymous call that a white SUV had pulled into an apartment complex and described: “the driver was a black man with [dreadlocks], and…

Read More

Pre-Trial Detention Appeals for Drug Related Offenses: State v. P.J.C.

State v. P.J.C.: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. After conducting a motor vehicle stop, a police officer smelled marijuana, and pursuant to the motor vehicle exception to the fourth amendment of the U.S. Constitution’s prohibition against illegal searches and seizures, searched the occupants. The passenger and driver said they had purchased…

Read More

Suppression of Evidence in Court When Wrongly Obtained / Illegal Search and Seizure

State v. Calcott: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Defendant traveled on a private jet by himself carrying two leather briefcases and two rectangular containers, one three by four feet, the other slightly smaller. After speaking with defendant before departure, the pilot contacted the Drug Enforcement Administration (DEA) regarding his suspicion defendant…

Read More

New Jersey’s Prescription Monitoring Program and Oxycodone Distribution Conspiracy

State v. Stoveken: Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The pertinent issue in this case was whether a grand jury subpoena was sufficient to access prescription drug information maintained in New Jersey’s Prescription Monitoring Program (PMP). Defendants, along with others, were involved in a conspiracy to distribute oxycodone. During an investigation of…

Read More

State v. Barnes

Appellate Docket No.: A-0659-18T4 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an improper jury charge. In State v. Barnes, the Defendant was indicted for third-degree possession of heroin, N.J.S.A.2C:35-10(a)(1); second-degree possession of heroin, with the intent to…

Read More