Posts Tagged ‘suppress evidence’
NJ Court Upholds Motor Vehicle Stop
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Docket No. A-1649-22 Decided February 1, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized during a motor vehicle stop.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…
Read MoreNJ Court Upholds Search: Emergency Aid Doctrine in Warrantless Hotel Room Entry
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Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence from a warrantless search of a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.…
Read MoreState of New Jersey v. Christopher Tolbert and Suppressing Evidence Seized as the Result of a Warrantless Search
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Docket No. A-1099-21 Decided December 12, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized as the result of a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.…
Read MoreMotion To Suppress Evidence Recovered After an Officer Approached Him in the Parking Lot
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Duffy Docket No. A-0641-21 Decided October 21, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal the denial of his motion to suppress evidence recovered after an officer approached him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…
Read MoreUnderstand What a Defendant Must Demonstrate to Suppress Evidence Recovered by a Search Warrant
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No.: A-674-19 Decided March 15, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress and a Franks hearing after the trial court found defendant’s claim of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…
Read MoreState 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…
Read MoreIf the police held me too long, or tricked me to give up evidence, can the evidence be thrown out by a judge?
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…
Read MorePretrial Motions and Preserving a Claim
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…
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