Posts Tagged ‘warrantless search’
Is a Warrantless Search of a Home Justified After the Occupant Was Detained Outside the Home?
State v. Christopher Radel State v. Keith Terres Appellate Docket No.: A-44-20 A-45-20 Decided January 20, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed two cases to determine whether police warrantless search of a home was justified after the occupant was detained…
Read MoreOfficers Conducted a Motor Vehicle Stop and Found a Firearm Upon Searching for the Driver’s Credentials After a Refusal
State v. Reid Appellate Docket No.: A-4238-19 Decided December 8, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers conducted a motor vehicle stop and found a firearm upon searching for the driver’s…
Read MoreThe Plain View and Exigent Circumstance Exceptions to The Warrant Requirement
STATE OF NEW JERSEY, Plaintiff-Appellant, RASHEED M. PHILLIPS, Defendant-Respondent. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Here at Hark&Hark we have already written about State v. Phillips, in 2019. We stay up to date on this June 14, 2021, appellate decision. See State v. Phillips | New Jersey Criminal Civil Lawyer. The facts are…
Read MoreIn Order for Search and Seizure, Officers Need Probable Cause Through A Warrant or Circumstances That Would Ordinarily Permit Officers to Get A Warrant
State v. Weaver Appellate Docket No.: A-4582-18 Decided April 6, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a police search of a home that lead to finding firearms under a mattress without a warrant and in search of the defendant who…
Read MoreEmergency Circumstances Can Create an Exception to Warrants, Probable Cause, and Plain View
State v. Shaquille Appellate Docket No.: A-4139, 5085, 5677-17T3 Decided December 15, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In an unpublished opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress where police entered a home and a hotel room investigating a shooting and using emergency…
Read MoreProtective Sweep of Home when Defendant was Arrested Outside the Home May be Unlawful
State v. Radel Appellate Docket No.: A-2503-18T3 Decided October 20, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey reviewed a trial court’s denial of a motion to suppress a firearm found inside a defendant’s home as a result of a protective sweep after defendant was…
Read MoreState v. Alamilla Appellate Docket No.: A-5952-17T1 Decided September 23, 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…
Read MoreWhat is Probable Cause in New Jersey and what is Lawful Interaction of Police?
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…
Read MoreThe Different Levels of Information Officers Need to Properly Make an Arrest and Charge Someone with a Crime
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…
Read MoreConstitutionality of a Warrantless Search and a Protective Sweep of a Residence
State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…
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