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?

October 19, 2018

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…

Are the police allowed to strip search me once I am in detention?

August 1, 2017

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the sole issue is whether the police had the appropriate probable cause to conduct a strip search without consent and without a warrant. The facts in this case are pretty straightforward and consistent with a number of motor vehicle stops. The police pulled a…