14-2-2814 State v. Gathers, N.J. Super. App. Div. (Fisher, P.J.A.D.) (13pp) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A case was recently decided by New Jersey Appellate Division in which the Court ruled a buccal (mouth) swab, taken from a defendant while he awaited trial, was unreasonable. In this case, the defendant was charged with second-degree…
Published by New Jersey Criminal Lawyer, Jeffrey Hark State v. SCRIVEN Today, after a three year trial and appellate court battle, the New Jersey Supreme Court ruled the police cannot allege a driver improperly used their high-beams if there are no approaching vehicles in the oncoming lanes of traffic in order to effectuate a motor…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-9404 State v. Winslow, App. Div. (per curiam) (13 pp.) A long standing standard ‘slow night’ policing tactic includes an officer conducted a “registry check” at the neighborhood low end ‘motels’ or hotels in town looking for anyone with an outstanding warrant for arrest for any reason. In this…
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark The key in this ROVING WIRE TAP CASE IS AS FOLLOWS: State vs Hector Feliciano The court found the New Jersey legislature, when it did not adopt the eased ‘proximity’ language from the federal counterpart, this state maintained the original, stricter standard that requires the State…
CRIMINAL LAW – 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 defendant. The…
State v. Antoine D. Watts (A-21-14) (074556) Argued September 17, 2015 — Decided December 2, 2015 Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark New Jersey Supreme Court decision: The issue in this case is whether the second search of a defendant for 6 minutes after he was initially detained on a street corner…
Legal Developments
That Affect You
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…