NJ Rule Governing Procedures of Suppression Motion in Superior Court

NJ Rule Governing Suppression Motions in Superior Court

In New Jersey criminal cases, defendants often seek to suppress evidence by filing a suppression motion. This challenges the constitutionality of how evidence was obtained by police. New Jersey Court Rule 3:5-7 governs the procedures for filing and litigating suppression motions in Superior Court.

This article provides an overview of the key procedures of Rule 3:5-7 and how it impacts suppression motions in New Jersey. We’ll cover the timeline, requirements, burden of proof, hearings, orders, and appeals. Understanding the court rules is critical for defendants seeking to exclude unlawfully obtained evidence.

Purpose of Suppression Motions

A suppression motion asks the court to prohibit prosecutors from using certain evidence at trial because police obtained it illegally, typically in violation of the Fourth, Fifth or Sixth Amendments^[1]. Common grounds include:

• Unreasonable searches and seizures
• Miranda rights violations
• Coerced confessions

If granted, the order requires prosecutors to exclude the suppressed evidence. This often significantly weakens their case.

Requirements Under Rule 3:5-7(a)

Rule 3:5-7(a) sets requirements for suppression motions in New Jersey. The motion must^[2]:

• Be in writing
• State the legal grounds for suppression clearly
• Have a supporting affidavit alleging material facts
• Be filed no later than 30 days after the indictment is unsealed

The court may deny untimely motions absent good cause. Adhering to the filing deadline is crucial.

Burden of Proof

Under Rule 3:5-7(b), the burden is on the defendant to prove the search or seizure was unlawful^[2]. Relevant factors include:

• Did police have a valid warrant?
• Was it a lawful warrantless search?
• Was consent to search obtained properly?

The defense must show by a preponderance of evidence that constitutional standards were violated.

Suppression Hearings

Evidentiary hearings allow both sides to argue the motion and present testimony and evidence. Key aspects include^[3]:

• Held within 30 days of filing the motion
• Defendant has the right to testify
• Other witnesses may be subpoenaed to testify
• Parties can present evidence related to the search or seizure

After the hearing, the judge will decide whether to grant or deny suppression based on the proofs.

Suppression Motion Orders

Under Rule 3:5-7(c), the court must state findings of fact and conclusions of law when ruling on a suppression motion^[2]. Key details typically include:

• The search or seizure methods used by police
• Whether constitutional standards were met
• Which evidence must be suppressed, if any
• The reasons for granting or denying the motion

The order provides a roadmap for the parties on what evidence is admissible going forward.

Appealing Suppression Rulings

Both prosecutors and defendants can file interlocutory appeals to challenge suppression rulings before trial under Rule 3:5-7(d)^[2]. However, the appellate court has discretion whether to allow such appeals.

Factors considered include^[4]:

• Likelihood of success on the merits
• Prejudice if the appeal is denied now
• Effect on the progress of the case
• Importance of the legal issues raised

Meeting the high bar for interlocutory appeals is difficult. Most challenges must wait until after final judgment.

Later Motions to Suppress

Rule 3:5-7(f) allows defendants to bring later motions to suppress if they can show the evidence only became available after the original deadline and deadline extension^[2]. This prevents procedural technicalities from depriving defendants of the ability to suppress unlawfully obtained evidence.

Key Takeaways

The strict procedural requirements of Rule 3:5-7 underscore the need for experienced criminal defense counsel when filing suppression motions. An attorney can strategically build the strongest case for suppression while navigating the complex court rules.

Never let unlawfully obtained evidence go unchallenged. With skilled legal advocacy, defendants can assert their constitutional rights through suppression motions in New Jersey courts.

¹
https://www.findlaw.com/state/new-jersey-law/new-jersey-motion-to-suppress-evidence.html

²
https://www.njcourts.gov/attorneys/rules.html

³
https://www.cga.ct.gov/PS98/rpt%5Colr%5Chtm/98-R-1049.htm

⁴
https://www.tullylegal.com/resources/articles/new-jersey-suppression-motion-process/