- 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
- state-written-summation-motion-to -admit-104c-written-summation.pdf
- state-motion-to-admit-statements.pdf
- confidential-brief-in-limine-caneiro-response-brief.pdf
- def-brief--defense-opposition-to-state-motion-to-admit-defendant-statements.pdf
- 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-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
- 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
- 3:5A-7-Service 3:5A-7 An order for investigative detention shall be served within five days of its signing; otherwise it shall be void. Note: Adopted July 26, 1984 to be effective September 10, 1984. Part 3
- state-letter-motion-to-admit-statements-of-defendant
- state-motion-in-limine-admit-certain-motive-evidence-redacted.pdf
- 3:5A-4-Grounds for Issuance 3:5A-4 An order for investigative detention shall be issued only if the judge concludes from the application that: a crime has been committed and is under active investigation, and there is a reasonable and well-grounded basis from which to believe that the person sought may have committed the crime, and the results of the physical characteristics obtained during the detention will significantly advance the investigation and determine whether or not the individual probably committed the crime, and the physical characteristics sought cannot otherwise practicably be obtained. Note: Adopted July 26, 1984 to be effective September 10, 1984. Part 3
- 3:6-3-Supervising and Charging the Grand Jury 3:6-3, Potential Bias., When appropriate, the Assignment Judge shall inquire of potential grand jurors about such aspects of their background as may reveal possible bias or interest in a matter to come before the grand jury. The Assignment Judge shall instruct the grand jury that without the Assignment Judge's approval no grand juror shall participate in any matter in which that juror has a bias or a financial, proprietary, or personal interest; and if that juror wishes to participate, the juror shall forthwith so inform the prosecutor. The prosecutor shall forthwith inform the Assignment Judge, who shall determine, in camera, whether such bias or interest exists and whether it justifies excusal. , Copy of Charge., When the judge designated by the Assignment Judge charges the grand jury, that judge shall cause a copy of the charge to be promptly furnished to each juror. Note: Source-R.R. 3:3-3; caption amended paragraph (a) adopted, and former rule captioned and redesignated paragraph (b) June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13, 1994 to be effective September 1, 1994. Part 3
- 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
- 3:6-5-Clerk 3:6-5 The clerk of the grand jury shall make and keep minutes of the proceedings of the grand jury as well as a record of the vote of each juror, by name, on each considered matter. If there is no clerk of the grand jury, the foreperson or another juror designated by the foreperson shall keep such a record. The record of the vote on every count of every indictment and on every presentment shall be filed with the clerk of the grand jury. The record shall not be made public except on order of the Assignment Judge. Note: Source-R.R. 3:3-5. Amended July 14, 1972 to be effective September 5, 1972; amended July 29, 1977 to be effective September 6, 1977; 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
- BARTLEY HEALTHCARE, INC. VS. ROBERT OTT, ET AL. (L-1995-22, OCEAN COUNTY AND STATEWIDE) A-3336-23 Appellate Aug. 15, 2025