Drug Search Consent Ruling Reversed on Appeal in New Jersey Case

June 10, 2025

State of New Jersey v. Odeanne Lawes Docket No. A-0478-24 Decided April 2, 2025 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s interlocutory appeal from an order suppressing evidence of a controlled dangerous substance (CDS) seized by law enforcement pursuant to defendant’s…

NJ Court Upholds Motor Vehicle Stop

February 16, 2024

State of New Jersey v. Michael Figueroa Docket No. A-1649-22 Decided February 1, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized during a motor vehicle stop. On February 21, 2021, while…

NJ Court Upholds Search: Emergency Aid Doctrine in Warrantless Hotel Room Entry

November 10, 2023

State of New Jersey v. Pedro Sarkis-Farahlaporte Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence from a warrantless search of a hotel room he was occupying.…

State of New Jersey v. Christopher Tolbert and Suppressing Evidence Seized as the Result of a Warrantless Search

December 30, 2022

State of New Jersey v. Christopher Tolbert Docket No. A-1099-21 Decided December 12, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized as the result of a warrantless search and his sentence.…

Motion To Suppress Evidence Recovered After an Officer Approached Him in the Parking Lot

October 27, 2022

State of New Jersey v. Matthew Duffy Docket No. A-0641-21 Decided October 21, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal the denial of his motion to suppress evidence recovered after an officer approached him in the parking lot of Great…

Understand What a Defendant Must Demonstrate to Suppress Evidence Recovered by a Search Warrant

March 16, 2022

State v. Graham Appellate Docket No.: A-674-19 Decided March 15, 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 and a Franks hearing after the trial court found defendant’s claim of mistruths of a CDS…

State v. Goldsborough

February 17, 2020

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…

If the police held me too long, or tricked me to give up evidence, can the evidence be thrown out by a judge?

September 1, 2016

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The issue here is whether the court should suppress any evidence obtained by illegal or improper police conduct. The general state of ‘exclusionary rule’ in the state and federal courts is that this ‘Rule’ is loosing favor.  The question has become, regardless of the police conduct, there…

Pretrial Motions and Preserving a Claim

May 15, 2014

Submitted by New Jersey DWI lawyer, Jeffrey Hark The recent case State v. Parikh involved a DWI charge that was disputed on jurisdictional grounds. However, in the background of the case there was another issue that deserves special attention on this blog. In a last-ditch attempt to have his case dismissed, Parikh invoked the “fruits…