State of NJ v. Billy Flagg: Upheld Denial of Motion to Suppress – Dec 20, 2023

State of New Jersey v. Billy Flagg Docket No. A-3682-21 Decided December 20, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a March 2022 Law Division order denying his motion to suppress a firearm seized during a warrantless search of…

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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

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…

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State 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Docket No. A-1099-21 Decided December 12, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized as the result of a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.…

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Defendant Appeals Denial Of His Motion To Suppress A Loaded Handgun Seized During A Warrantless Search Of His Vehicle.

State of New Jersey v. Wadeworth Afflick Docket No. A-3747-20 Decided November 10, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of his motion to suppress a loaded handgun seized during a warrantless search of his vehicle. The…

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State’s Appeal of An Order Granting Defendant’s Motion to Suppress Physical Evidence Seized from His Person Without a Warrant

State of New Jersey v. Raheem Reed Docket No. A-2111-21 Decided October 5, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal of an order granting defendant’s motion to suppress physical evidence seized from his person without a warrant. On September…

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Reasonableness Is the Relevant Standard to Use When Analyzing the Officer’s Initial Act That Led to the Warrantless Search

State of New Jersey v. M.A., Jr. Docket No. A-0304-19 Decided October 4, 2022 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided the defendant’s appeal of the trial court’s orders denying his motion to suppress, and barring use of the defense of necessity…

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Officers Had Probable Cause to Search Defendant’s Vehicle Due to a Canine Sniff, But Were Required to Request a Search Warrant

State v. Kyle A. Smart Appellate Docket No.: A-2334-21 Decided June 30, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey affirmed a trial court’s granting of a motion to suppress after officers had probable cause to search defendant’s vehicle due to a canine sniff,…

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Is Searching Files on Someone’s Computer Considered a Warrantless Search?

State v. Lapczynski Appellate Docket No.: A-1671-19 Decided March 9, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress after child pornography was found by a cohabitant, reported to the police, and after police viewing some…

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