Posts Tagged ‘New Jersey Drug Crime Lawyer’
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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a fifteen second delay was a violation of the knock and announce rule to search warrants before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 MoreThere Are Different Standards for An Officer to Effectuate a Traffic Stop, Investigation, Arrest or Search
State v. Alvarez-Mercedes Appellate Docket No.: A-1201-20 Decided July 13, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress of heroin found in a towed vehicle after a confidential informant provided a tip that defendant would…
Read MoreEvidentiary 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 MoreEvidentiary 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 In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress in which detectives surveilled the defendant based on a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 MoreDrug Court – State of New Jersey Adult Drug Court Program-Participant Incentive and Sanction Charts
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark
Read MoreProbable 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 MorePre-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 MoreSuppression 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 MoreNew 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 MoreState 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…
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