An Officer Standing in The Driveway Without a Warrant Cannot Utilize the Warrantless Search of Plain View If the Officer is Not Lawfully in the Area at the Time

February 14, 2023

State v. Raymond Ingram Appellate Docket No.: A-1500-20 Decided February 13, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after finding that officers were not lawfully in the defendant’s driveway and could not view the…

YOUR IPHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION

September 15, 2020

State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State…

Constitutionality of a Search And Seizure of Evidence by Law Enforcement | State v. Kelly-Pallanta

July 16, 2020

State v. Kelly-Pallanta: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant pled guilty to possession of methamphetamine with intent to distribute following the denial of his motion to suppress evidence seized from his home pursuant to a search warrant. Defendant appealed the trial court’s October 17, 2017 order denying his motion to suppress the…

What do the police need to put in a house search warrant?

December 19, 2017

Why is a search warrant so important? What do the police need to put in a search warrant to get into my house?  How can the police search my house?  What do the police need to tell a judge to get a search warrant?  My house was searched and i don’t have the search warrant?…

My house was searched and I don’t have the search warrant?

December 19, 2017

Why is a search warrant so important? What do the police need to put in a search warrant to get into my house?  How can the police search my house?  What do the police need to tell a judge to get a search warrant? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The key to…

Can my car be searched if I am out of the car, arrested, handcuffed, and placed in the back of a police cruiser?

December 18, 2017

State v. Houston   New Jersey Appellate Division Decision December 12, 2017 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Can my car be searched if I am out of the car, arrested, handcuffed, and placed in the back of a trooper/police cruiser?  Why can the police search my car?  The questions can be answered…

State v. Thorpe: Standard of Review by Appellate Court of Trial Court’s Determination

December 21, 2015

Appellate review of trial court determination  Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-8702 State v. Thorpe , App. Div. (per curiam) (11 pp.)  This is an important case addressing the need by the police to independently verify information received from an anonymous caller to establish their own probable cause for the search, arrest and eventual charging of a criminal…

No Reaching into the Glove Compartment

August 10, 2015

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Legality of an Officer Entering a Vehicle without Permission State v. Keaton, decided August 3, 2015 by the N.J. Supreme Court touches on the following issue that may be important to readers. Does an officer have a right to enter your vehicle for the supposed purpose of…

Reasonable expectation of privacy in stolen vehicle depends on knowledge not bright line rule

May 15, 2015

Defendant Dqwan Taylor was a passenger in a stolen vehicle back in 2012 when it was pulled over by State Troopers. The driver could not produce registration. Additionally nobody seemed to know who the owner was but just mentioned it belonged to a “friend.” The license plate didn’t match the vehicle, but the VIN number…

Warrantless home search and CONSENT? | State v. Coles | State v. Lamb

May 20, 2014

Submitted by New Jersey Criminal lawyer, Jeffrey Hark. Warrantless Search and Consent Most households in New Jersey are occupied by more than one person who exercise control over the premises, which begs the question of who can grant consent to conduct a warrantless search. Two cases were decided May 19th by the N.J. Supreme Court…