Posts Tagged ‘suppression of evidence’
Overturned: Suppression of Evidence Found in The Trunk of a Car After Officers Failed to Completely Search the Passenger Area of the Vehicle
State v. Joshua McMillian Appellate Docket No.: A-3899-19 Decided July 19, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey overturned a trial court’s suppression of evidence found in the trunk of a car after officers failed to completely search the passenger area of the…
Read MoreWhat is the penalty for an illegal search of my car?
If the police search my car what happens at a “Suppression” hearing? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled: In a blog I wrote yesterday the court ruled the Ocean County/Lakewood NJ police preformed an illegal search of a defendant’s car. Now that the court ruled the search was illegal…
Read MoreState versus Dawson – Standard of Review for a Motion to Suppress for the Trial Court
State of New Jersey versus Dawson – Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark We begin our analysis mindful of the applicable standard of review with respect to factual findings. In reviewing a grant or denial of a motion to suppress, we are bound to uphold factual findings, supported by sufficient credible evidence in…
Read MoreFrom Tip to Arrest: An Overview of Your Rights When Police Stop You
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Wright is an appeal of a denial of a motion to suppress evidence. This case touches on several important issues in criminal law including, de facto arrest, reasonable articulable suspicion v. probable cause, plain view doctrine, and exigent circumstances. The basic facts of the case…
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