Suppression of Evidence required when police enter a home without a warrant – State v. ADL August 7, 2019

August 12, 2019

STATE OF NEW JERSEY,  v. MIKIEL A. ADL,  SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION  Decided August 7, 2019  (NOT APPROVED FOR PUBLICATION) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case the police came to a home in search of a shooter. One officer knocked on the door in plain cloths, however there were…

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…

Are the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver is “unwilling driver to cooperate”

January 19, 2019

14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark When a cooperative driver provides vehicle credentials  are the police still allowed to search the vehicle for proof of ownership based on a “Credential Search” recognized under the New Jersey warrantless search exception when a driver…

Standard of Appellate Review for trial court’s decision wither to Suppress the gun found in the glove box after a ‘warrantless search’.

January 19, 2019

14-2-7924 State of New Jersey v. Anthony D. Parker, N.J. Super. App. Div. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: The judge conducted suppression hearings on July 26, 2016 and September 30, 2016. The following facts were adduced at the suppression hearings. At 10:00 p.m. on March 16, 2014, Berlin Township police officer Kenneth Barbagli,…

If the defendant does not cooperate with the pat down given the officer’s fear of their own safety, and the positive dog sniff, are the police allowed to conduct a strip search without a search warrant?

October 19, 2018

Submitted by New Jersey Criminal Attorney, Jeffrey Hark. I was recently arrested after a motor vehicle stop. The police threatened to bring a dog to the scene while they were searching the car. They smelled “burn “marijuana “and/or raw marijuana? The police also had confidential informant information that this defendant may have or always had…

Can the police search my car before they get a warrant?

April 11, 2018

Can the police pull me over for no reason and get a search warrant to search my car, belongings bag, and other items after the fact? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled: “Search warrants are prospective in nature — they authorize the taking of action. A later-obtained…

State v. Akeem Boone (A-3-16) (077757)Search Warrant issues

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…