State v. Miller

State v. Miller A-2457-17T1 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion State v. Miller, the Appellate Division decided several important legal issues involving protection of the Fourth Amendment to the United States’ Constitution against unlawful search and seizure. In State v. Miller, police recognized an individual sitting on outdoor…

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State v. Goldsborough

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case stems from an appeal from a conviction, specifically a denied motion to suppress evidence. Officers in Cumberland County were executing an arrest warrant on defendant’s house when they approached the front door. There were multiple officers in a line at the front door with the…

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State v. GARY J. PASSARELLI. New Jersey Appellate Division December 17, 2018 How do I tell the police I want a Lawyer in New Jersey once I am arrested

State v. GARY J. PASSARELLI. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 4:00 p.m. on May 31, 2013, defendant was taken to the North Plainfield Police Department. He was questioned by Sergeant Michael Nugent and Detective Aaron Lacey from the Hunterdon County Prosecutor’s Office in an interview room that was video and…

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Do Police Have to Knock Before Entering My House?

14-2-3069 State v. G.A. , N.J. Super. App. Div. (per curiam) (10 pp.) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent case decided by New Jersey’s Appellate Division, a defendant was indicted for third-degree possession of cocaine, N.J.S.A. 2C:35-10(a)(1); third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and 2C:35-5(b)(3); second-degree unlawful possession…

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State v. Smith New Jersey Appellate Division case July 5, 2016

Can a defendant who’s home or property is searched subject to a search warrant challenge the validity of the search warrant issued by a Superior Court Judge? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The US Supreme Court addressed this issue in the matter of Franks v. Delaware, 438 US 154 (1977).  This case…

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