Whether an informant’s confidential tip can be the basis for a traffic stop.

August 30, 2021

Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In the Mesadieu case, the Appellate Division held that Mesadieu’s detention was lawful.  The New Jersey Supreme Court has established under State v. Davis, 104, N.J. 490, 504 (1986) that a court must evaluate the totality of the circumstances surrounding the police-citizen encounter to determine the…

Unlawful Possession of a Handgun | State of New Jersey v. Angel Rivera

June 21, 2019

Superior Court Of New Jersey, State of New Jersey versus ANGEL L.RIVERA Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Angel Rivera was charged with second-degree unlawful possession of a handgun without a permit and second-degree possession of a controlled dangerous substance after the denial of his suppression motion. Defendant was sentenced to five years…

The Inadvertence Requirement From the Plain-View Doctrine

November 19, 2016

State v. Xiomara Gonzales   November 12, 2016 NJ Supreme Court Decision Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Gonzales is one of two New Jersey Supreme Court decisions this week outlining a “Plainview doctrine” and the ability of the state to introduce evidence at the time of a suppression hearing or trial. This case…

Warrantless home search and CONSENT? | State v. Coles | State v. Lamb

May 20, 2014

Submitted by New Jersey Criminal lawyer, Jeffrey Hark. Warrantless Search and Consent Most households in New Jersey are occupied by more than one person who exercise control over the premises, which begs the question of who can grant consent to conduct a warrantless search. Two cases were decided May 19th by the N.J. Supreme Court…

Emergency Aid Doctrine & Cell Phone Locations | New Jersey vs. Earls

February 9, 2014

State vs. Earls Download the case transcript Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The significant issues in this case is the application of the New Jersey Supreme Court’s prior decision in State vs. Earls.  In that prior decision the New Jersey Supreme Court ruled that New Jersey citizens have a right to privacy…

The “Emergency Aid” Exception to the Warrant Requirement | State of New Jersey vs. Thomas W. Earls

February 9, 2014

Published by Criminal Defense Lawyer Jeffrey Hark Download the entire case excerpt at https://www.judiciary.state.nj.us/opinions/a2084-07.pdf July 11, 2011 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2084-07T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. Thomas W. Earls, Defendant-Appellant. Submitted March 22, 2011 – Decided Remanded by…

Warrantless Seizure and Reversed Conviction – State v. Williams A-2486-11T2 (App. Div)

August 26, 2013

State v. Williams A-2486-11T2 (App. Div) On April 3, 2013, the Appellate Division reversed the conviction of the defendant, Jarrell Williams for second-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5b. Defendant was charged with possession of a handgun after police performed a motor vehicle stop and found the handgun on the floor of…