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…
How can the police come in a search my house and a judge issue a warrant?? What is the process to get a search warrant of my home? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The foundation argument is that: “A search that is executed pursuant to a warrant is “presumptively valid,” and a…
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark State v. Myers, decided by the Appellate Division on September 8, 2015, addresses the question of whether the smell of marijuana can still be used as probable cause for a search given that it is now legal for some citizens to both use and carry the…
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:…
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…
14-2-1579 State v. Rosario, App. Div. (per curiam) (10 pp.) The appellate division court found that when a loss prevention officer relays information to police and identifies himself as such to the police on the call to police dispatch provided information based on his personal knowledge and observations that led him to report that defendant…
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…