Appellate Court Affirms Probable Cause in Arrest Case

State of New Jersey v. Travis Murphy Docket No. A-2657-21 Decided August 22, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an August 2021 order denying his motion to suppress evidence seized following his arrest. In late April of 2020,…

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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                            Decided September 9, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s ruling and also held that the Defendant was not seized prior to Detective Jimenez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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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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Is Searching Files on Someone’s Computer Considered a Warrantless Search?

State v. Lapczynski Appellate Docket No.: A-1671-19 Decided March 9, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress after child pornography was found by a cohabitant, reported to the police, and after police viewing some…

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Observation Of a Hand-To-Hand Transaction Alone Is Insufficient to Have a Reasonable and Articulable Suspicion of a CDS Transaction

State v. GIBSON Appellate Docket No.: A-3410-19 Decided January 10, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers simply observed a hand to hand transaction without seeing what was exchanged and conducted…

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An Investigatory Stop, Followed by An Arrest Requires Reasonable and Articulable Suspicion as Well as Probable Cause

State v. Ruiz-Montano Appellate Docket No.: A-1070-19 Decided January 7, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress without an evidentiary hearing after detectives detained defendant, brought him back to the police station, and…

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To Effectuate a Traffic Stop, Or Investigation and Questioning Officers Only Need a Reasonable Suspicion That a Crime Is Being Committed

State v. Days-Jackson Appellate Docket No.: A-2002-19 Decided October 18, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether probable cause existed for a search of the trunk revealing marijuana and firearms. In State v. Days-Jackson, while on duty one night,…

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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…

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If the defendant does not cooperate with the pat down given the officer’s fear of their own safety, and the positive dog sniff, are the police allowed to conduct a strip search without a search warrant?

Submitted by New Jersey Criminal Attorney, Jeffrey Hark. I was recently arrested after a motor vehicle stop. The police threatened to bring a dog to the scene while they were searching the car. They smelled “burn “marijuana “and/or raw marijuana? The police also had confidential informant information that this defendant may have or always had…

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