- 3:5A-2-Application 3:5A-2 The application and any subsequent pleadings shall be captioned in the Superior Court of New Jersey and entitled, “In the Matter of the Investigation of (description of crime).” The application shall contain affidavits forming a factual basis for the findings required by R. 3:5A-4. In addition, the application shall state: The name or description of the individual sought to be detained for investigation. The specific type of identifying physical characteristic sought. The place and time at which the evidence sought is to be obtained. The method by which the evidence sought is to be obtained. The period of the detention, not to exceed five hours, during which the physical characteristic sought is to be obtained. Note: Adopted July 26, 1984 to be effective September 10, 1984. Part 3
- 3:5A-1-Authority to Issue 3:5A-1 Prior to the filing of a formal criminal charge against a person, an order authorizing the temporary detention of that person and compelling that person to submit to non-testimonial identification procedures for the purpose of obtaining evidence of that person's physical characteristics may be issued by a judge of the Superior Court pursuant to this Rule, on an application authorized in writing by the Attorney General or the Attorney General's designee or by the County Prosecutor or designated Assistant Prosecutor. Note: Adopted July 26, 1984 to be effective September 10, 1984; amended July 14, 1992, to be effective September 1, 1992; amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:5A-3-Notice and Return 3:5A-3 Unless the judge finds the application to be of emergent nature, as set forth below, the judge shall not consider it unless written notice shall have been given personally to the person, at least 36 hours before the time the application is to be made, that on a specific date and at a specific time application for an order of temporary detention will be made to the named judge. The notice shall advise the individual that counsel may accompany him or her at the hearing on the application. Note: Adopted July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective September 1, 1994. Part 3
- state-letter-motion-to-admit-statements-of-defendant
- defense-brief-dismiss-indictment-supplemental-filing.pdf
- 3:5-4-Secrecy 3:5-4 A search warrant shall be issued with all practicable secrecy and the affidavit, certification, or testimony upon which it is based shall not be made public in any way prior to execution. The disclosure, prior to its execution, that a warrant has been applied for or issued, except as necessary for its execution, may constitute a contempt. After execution a warrant and accompanying papers shall remain confidential except as provided in R. 3:5-6(c). Note: Source-R.R. 3:2A-9 (first paragraph); amended July 13, 1994 to be effective January 1, 1995; amended July 12, 2002 to be effective September 3, 2002; amended July 30, 2021 to be effective October 1, 2021. Part 3
- 3:5-3-Issuance and Contents 3:5-3, Electronic., Except as provided in paragraphs (b) and (c) of this rule, an applicant shall request a search warrant electronically in the Judiciary’s computerized system used for such applications. The application shall include a certification in lieu of oath completed by the applicant in accordance with R. 1:4-4(b). If the judge is satisfied that grounds for granting the application exist or that there is probable cause to believe they exist, the judge may authorize issuance of the warrant electronically. The warrant shall contain the date of issuance and shall identify the property to be seized, name or describe the person or place to be searched, and specify the hours when it may be executed. The warrant shall be directed to any law enforcement officer, without naming an officer, and it shall state the basis for its issuance and the name of each person whose certification was submitted in support of the application. The execution of the search warrant and return shall be pursuant to R. 3:5-5(a). , In-Person., An applicant for a search warrant may appear personally before the judge, who must take the applicant's affidavit or testimony before issuing the warrant. The judge may also examine, under oath, any witness the applicant produces, and may require that any person upon whose information the applicant relies appear personally and be examined under oath concerning such information. If the judge is satisfied that grounds for granting the application exist or that there is probable cause to believe they exist, the judge shall date and issue the warrant. The warrant shall contain the information specified in paragraph (a), including the name of each person whose affidavit or testimony has been taken in support thereof. The execution of the search warrant and return shall be pursuant to R. 3:5-5(a). , Telephonic., A Superior Court judge may issue a search warrant upon sworn oral testimony of an applicant who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone or other means of electronic communication. The applicant shall arrange to contemporaneously record such sworn oral testimony by means of a recording device if available; otherwise, adequate notes summarizing what is said shall be made by the judge. Subsequent to taking the oath, the applicant must identify himself or herself, specify the purpose of the request, and disclose the basis of his or her information. This sworn testimony shall be deemed to be an affidavit for the purposes of issuance of a search warrant. A warrant may issue if the judge is satisfied that sufficient grounds for granting the application have been shown. Upon approval, the judge shall memorialize the specific terms of the authorization to search and shall direct the applicant to enter this authorization verbatim on a form, or other appropriate paper, designated the duplicate original search warrant. This warrant shall be deemed a search warrant for the purpose of R. 3:5. The judge shall direct the applicant to print the judge's name on the warrant. The judge shall promptly issue a written confirmatory search warrant and shall enter thereon the exact time of issuance of the duplicate original warrant. In all other respects, the method of issuance and contents of the warrant shall be that required by this rule. Note: Source-R.R. 3:2A-3, 3:2A-4 (second sentence); former rule redesignated paragraph (a) and paragraph (b) adopted July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1999; new paragraph (a) caption and text adopted, former paragraphs (a) and (b) amended and redesignated as paragraphs (b) and (c) and captions added July 30, 2021 to be effective October 1, 2021. Part 3
- 3:5-6-Records; Confidentiality 3:5-6, In General., Except as provided in paragraph b, the applicant shall include the return, inventory, and all other papers in connection therewith, including the affidavits, certification, and any transcript or summary of any oral testimony, if available, and, where applicable, a duplicate original search warrant in the Judiciary's computerized system. When a recording has been made, it shall be retained by the executing law enforcement agency. , Subsequent Applications Related to Electronic Communications., In the event a search warrant is issued based in whole or in part on oral, wire, or electronic communications authorized by a wiretap judge under the provisions of the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 et seq., the executing law enforcement agency shall file a notice of such application with the wiretap judge. , Discovery., All warrants that have been completely executed and the papers accompanying them, including the affidavits, certification, transcript or summary of any oral testimony, duplicate original search warrant, return and inventory, and any original recording shall be confidential except that the warrant and accompanying papers shall be provided to the defendant in discovery pursuant to R. 3:13-3 and available for inspection and copying by any person claiming to be aggrieved by an unlawful search and seizure on notice to the county prosecutor for good cause shown. Note: Source-R.R. 3:2A-5, 3:2A-9 (second paragraph). Amended June 29, 1973 to be effective September 10, 1973; amended July 26, 1984 to be effective September 10, 1984; paragraph designations and text of paragraph (b) adopted and paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (a) and (b) amended July 13, 1994, paragraph (c) amended December 9, 1994, to be effective January 1, 1995; paragraph (b) amended June 28, 1996 to be effective September 1, 1996; caption amended and paragraph (c) amended July 12, 2002 to be effective September 3, 2002; paragraph (c) amended December 4, 2012 to be effective January 1, 2013; caption amended, and paragraphs (a), (b) and (c) amended and captions added July 30, 2021 to be effective October 1, 2021. Part 3
- 3:5-5-Execution and Return With Inventory 3:5-5, In General., A search warrant may be executed by any law enforcement officer, including the Attorney General or county prosecutor or sheriff or members of their staffs. The warrant must be executed within 10 days after its issuance and within the hours fixed therein by the judge issuing it, unless for good cause shown the warrant provides for its execution at any time of day or night. The officer taking property under the warrant shall give to the person from whom or from whose premises the property is taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property is taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made and verified by the officer executing the warrant in the presence of the person from whom or from whose premises the property is taken or, if such person is not present, in the presence of some other person. It shall be the responsibility of the executing law enforcement agency to ensure that the executed search warrant, inventory, and any other accompanying documents are included in the Judiciary's computerized system within 14 days of execution. The executing law enforcement agency shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken. , Duplicate Search Warrant., If a duplicate original search warrant issued telephonically pursuant to R. 3:5-3(c) has been executed, the person who executed the warrant shall enter the exact time of its execution on its face. If a recording of the oral testimony has been made, the executing law enforcement agency shall be responsible to retain the recording. In all other respects, execution and return of the duplicate original search warrant shall be that required by paragraph (a) of this rule. Note: Source-R.R. 3:2A-4; former rule redesignated as paragraph (a) and paragraph (b) adopted July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended and captions added July 30, 2021 to be effective October 1, 2021. Part 3
- 3:5-2-Grounds for Issuance 3:5-2 A search warrant may be issued to search for and seize any property, including documents, books, papers and any other tangible objects, obtained in violation of the penal laws of this State or any other state; or possessed, controlled, designed or intended for use or which has been used in connection with any such violation; or constituting evidence of or tending to show any such violation. Note: Source-R.R. 3:2A-2, 3:2A-7. Part 3
- 3:5-8-Search and Seizure Without Search Warrant 3:5-8 Rule 3:5 shall not be construed to make illegal a lawful search and seizure made without a search warrant. Note: Source-R.R. 3:2A-8. Part 3
- 3:5-1-Authority to Issue 3:5-1 A search warrant may be issued by a judge of a court having jurisdiction in the municipality where the property sought is located. Note: Source-R.R. 3:2A-1. Part 3
- motion-to-dismiss-counts-13-14-indictment.pdf
- state-response-to-motion-to-exclude-response-brief-to-mtn-exclude.pdf
- 3:6-2-Objections to Grand Jury and Grand Jurors 3:6-2 The prosecuting attorney or a defendant, after being held to answer a complaint charging an indictable offense or after indictment, may, in writing, challenge the array of the grand jury which has returned or is expected to return the indictment on the ground that it was not selected, drawn or summoned according to law, and may challenge an individual juror on the ground that the juror is not legally qualified. All such challenges shall be made within 30 days of the service of the complaint or no later than at the Initial Case Disposition Conference that is scheduled pursuant to R. 3:9-1(e). For good cause shown, the court may allow the motion to be brought at any time. Such challenges shall be tried by a judge designated by the Assignment Judge. If a defendant has already been indicted, such challenges may be the basis of a motion to dismiss the indictment. Note: Source-R.R. 3:3-2(a) (b); amended July 13, 1994 to be effective January 1, 1995; amended April 12, 2016 to be effective May 20, 2016; amended August 1, 2016 to be effective September 1, 2016. Part 3
- 3:5A-8-Filling 3:5A-8 The judge shall impound the original application and order. Upon receipt of the certification of test results, the judge shall cause the application, order, and certification to be impounded under seal with the criminal division manager as designee of the deputy clerk of the Superior Court. Upon obtaining test results of the physical characteristic specified, the applicant shall, within two days, file with the judge, and deliver to the person, a certification of the date, time and place of detention, the length of the detention, and the testing or procedures used to obtain the physical characteristic evidence. The results of those tests, as they bear on the identification of the person detained as the perpetrator of the crime under investigation, shall be included in the certification, unless the court rules for good cause that they shall not be. Note: Adopted July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective January 1, 1995. Part 3
- 3:5A-5-Contents of Order for Investigative Detention 3:5A-5 The order shall command the named person to appear at a specified time and place for the taking of evidence of specified physical characteristics. It shall advise the person that on failure to do so, an arrest warrant will issue for the identification procedure. The order shall specify the length of the detention, the identification methods to be used, and, where necessary, the medical safeguards to be observed. The date and time of its signing shall be entered thereon. The terms of any order for investigative detention shall be the least onerous on the named person consistent with the investigative need. Note: Adopted July 26, 1984 to be effective September 10, 1984; paragraph (a) amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:5A-6-Emergent Application 3:5A-6 If, without notice to the person, an application is made to a judge, and the judge is satisfied from it that its underlying purpose would be frustrated were notice to be given, the judge may sign an order for investigative detention with provisions appropriate to the investigative need and certify therein a finding that the matter is emergent. That order, directed to the person, may authorize the police officers executing it to use reasonable force in effectuating the detention of the person and in effectuation of identification procedures set forth therein. Note: Adopted July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:5A-9-Definition 3:5A-9 “Evidence of physical characteristics” shall include fingerprints, palm prints, footprints, physical measurements, handwriting and hand-printing samples, blood samples, urine samples, saliva samples, fingernail scrapings, hair samples, photographs, voice exemplars, display of designated portions of the body, the taking of photographs and appearance in a lineup. Note: Adopted July 26, 1984 to be effective September 10, 1984. Part 3
- 3:6-1-Summoning the Grand Jury 3:6-1 The Assignment Judge of each county shall order and organize according to law one or more grand juries for the county not exceeding 23 members each to be summoned at such times as the public interest requires. At least one grand jury shall be serving in each county at all times. Note: Source-R.R. 3:3-1. Part 3