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NJ: Violation of state rule on officer's personal appearance before magistrate does not require suppression

By John Wesley Hall, Jr.

Personal appearance of affiant rule in N.J. is not a constitutional requirement. While violations of the rule are not to be condoned, a violation of the rule only leads to suppression if there is prejudice to the accused. State v. Gioe, 2008 N.J. Super. LEXIS 145 (July 2, 2008): Secondly, as conceded by the defendant, there is no evidence of bad faith or deliberate disregard of Rule 3:5-3(a) by Moeller. To the contrary, Moeller sought a warrant when, at least arguably, a warrant was not necessary to search defendant's impounded automobile. See State v. Dickey, 152 N.J. 468, 483-84 (1998) ("An inventory search is the search of property lawfully seized and detained, in order to ensure that it is harmless, to secure valuable items (such as might be kept in a towed car), and to protect against false claims of loss or damage...continue to full post

Full post as published by Fourth Amendment on July 07, 2008 (boomark / email).