Warrantless Search and Seizure of Weapons Was Impermissible, Unsupported by Probable Cause, and Without Exigent Circumstances

February 10, 2023

In the Matter of J.M. Docket No. A-1026-20 Decided January 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant’s appeal from a Temporary Extreme Risk Protective Order (“TERPO”) and Final Extreme Risk Protective Order (“FERPO”) entered against him, as well as the…

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020

September 24, 2020

New Jersey Supreme Court Established bright line ‘probable cause test” in 2015: State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana…

What is Probable Cause in New Jersey and what is Lawful Interaction of Police?

September 24, 2020

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver blurted…

The Different Levels of Information Officers Need to Properly Make an Arrest and Charge Someone with a Crime

September 24, 2020

State v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress 15 soil bags of marijuana found in the back of a tractor trailer, after the driver…

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…

Constitutionality of the Seizure of Evidence by Law Enforcement

July 13, 2020

State v. Torres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. After the trial court denied his motion to suppress the seizure of the clothing he was wearing when he was taken into custody, defendant pleaded guilty to first degree murder, N.J.S.A. 2C:11-3(a) (1) (count one); second-degree disturbing human remains, N.J.S.A. 2C:22-1(a)(1) (count four); and…

CAN THE POLICE COME INTO MY HOTEL ROOM??

November 19, 2019

State v. Phillips New Jersey Appellate Division   November 18, 2019 (Not Approved for Publication) Decision: Remand to trial judge for further hearing Issue:   When and how can the police come into my hotel room??    It is a factually specific question based on the following law– Submitted by New Jersey Criminal Lawyer, Jeffrey…

State v. Johnson — Appeal New Jersey Appellate Division August 9, 2019

August 10, 2019

Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. State v. Johnson Facts: As of that time, he had been on the police force for over five years, initially as a patrolman and thereafter as a detective in the Narcotics/Gang Unit. Officer Stinsman had been specifically trained at the police academy to recognize hand-to-hand narcotics…

Unlawful Possession for Weapon Protective Sweep by police at scene of Motor Vehicle Stop

May 7, 2019

There must be specific and articulable facts that, at the time of the search of a vehicle, a person is capable of gaining immediate control of a weapon or weapons Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Ortiz  New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Facts: The salient…

Standard of review Suppression of Evidence Pre-State v. Witt (Pena-Flores Standard of Review) Motor Vehicle Stop New Jersey

May 7, 2019

State v. Ortiz  New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In reviewing a motion to suppress evidence, this court must defer to the trial court’s fact findings underlying its decision, “so long as those findings are supported by sufficient credible evidence in the…