State of New Jersey v Mark A McDonald

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. On May 30, 2013 three officers from Edison Township were conducting a drug distribution investigation. The officers received a tip from a confidential informant (CI) about the defendant selling drugs from his hotel room. The police conducted surveillance of the scene and confirmed te CI’s description…

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Sniffing Around: Traffic Stops May Not Be Extended for Narcotics Dogs

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. It’s just after midnight on a Tuesday morning in March of 2013. A Nebraska police officer spots a vehicle driving along the shoulder of a highway in violation of traffic law. He pulls the vehicle over, checks the driver’s licenses of the operator and passenger, and issues…

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Probable Cause Will Probably Withstand a Motion to Suppress

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Malkin, decided November 24, 2014 by the Appellate Davison does not concern an ordinary narcotics transaction. But it does examine classic 4th Amendment search and seizure issues of law that are important for the readers of this blog to understand. The 4th Amendment reads:…

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Probable Cause and the Issuance of Search Warrants | New Jersey vs Malkin

Review of State of New Jersey vs Malkin submitted by drug crime attorney, Jeffrey Hark. TRIAL JUDGE’S GRANTING OF A MOTION TO SUPPRESS A SEARCH WARRANT DUE TO INACCURATE STATEMENTS OF OFFICER IN AFFIDAVIT OVERTURNED BY APPELLATE DIVISION.  COURT RULES AGAIN THAT TOTALITY OF CIRCUMSTANCES OUTLINED IN AFFIDAVIT ARE MEASURING STICK FOR PROBABLE CAUSE FOR…

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