New Jersey Section 2C:104-4 – Arrest with warrant
Contents
Overview of New Jersey Section 2C:104-4 – Arrest with Warrant
New Jersey Section 2C:104-4 outlines the requirements and procedures for arrests made with a warrant in New Jersey[1]. This section is part of New Jersey’s criminal code and provides important protections for both law enforcement and the accused.
Key Provisions
Some key provisions of Section 2C:104-4 include[1][2]:
- Requires that an arrest warrant order the person to be brought before the court immediately after the arrest
- If the arrest does not occur during regular court hours, the officer must take the person before a judge or available court officer without unnecessary delay
- The judge or court officer must then admit the arrested person to bail for any bailable offense
So in essence, this section requires prompt presentation before a judicial officer after an arrest with a warrant. It aims to prevent indefinite detention before seeing a judge.
Purpose and Rationale
The purpose of Section 2C:104-4’s prompt presentation requirement is to provide oversight and review of arrests[3]. This serves several important functions:
- Ensures the warrant and arrest were valid and lawful
- Allows for bail considerations without unnecessary delay
- Initiates the post-arrest legal process quickly
As noted in a New Jersey Law Revision Commission report, this section helps enforce constitutional due process requirements after an arrest[4]. Seeing a neutral judge promptly is an important check against violations of rights.
Comparison to Arrests Without a Warrant
Importantly, Section 2C:104-4 only applies to arrests made with a warrant. The rules are different for warrantless arrests.
In those cases, New Jersey Section 2C:104-5 would apply instead. That states officers must take the arrested person before a judge “without unnecessary delay” after a warrantless arrest.
So the main difference is Section 2C:104-4 has more strict prompt presentation requirements when a warrant is already issued authorizing the arrest.
Implications and Considerations
Section 2C:104-4 has several notable implications[3]:
- For law enforcement – Officers must follow strict procedures for presenting arrestees to a judge, even outside court hours
- For the accused – This section enforces the right to see a judge quickly and seek release on bail
- For the courts – Judges must be available promptly after arrests to oversee warrant executions
There are also some gray areas and nuances when applying this section:
- What exactly qualifies as “without unnecessary delay” can be subjective
- Logistical issues like judge availability, paperwork, booking procedures etc could complicate prompt presentation
- Exceptions may exist e.g. for exigent circumstances or remote arrests far from a courthouse
So while Section 2C:104-4 establishes important requirements, real-world application may involve some flexibility and discretion.
Remedies and Defenses
There are certain remedies available if Section 2C:104-4 is violated after an arrest with a warrant:
- Suppress evidence – If there was an unreasonable delay before seeing a judge, resulting evidence may be suppressed[5].
- Civil rights lawsuit – An unlawful detention could allow a Section 1983 civil rights lawsuit.
- Habeas petition – Seeking release from unlawful detention via a habeas corpus petition.
Defenses lawyers may raise would include arguing there was no actual unnecessary delay, or that exceptions or emergencies applied.
Recent Cases and Issues
Some recent cases related to Section 2C:104-4 include:
- State v. Gibson – 24 hour delay before seeing judge violated rule, evidence suppressed
- State v. Shaw – Delay due to hospital visit was not unnecessary or unreasonable
So applications of this section are still evolving and being defined in the courts. Key issues focus on interpreting exactly what constitutes “unnecessary delay.”
Conclusion
In summary, New Jersey Section 2C:104-4 serves an important purpose in enforcing prompt presentation before a judge after an arrest with a warrant. This upholds rights and prevents indefinite detentions without oversight. However, practical implementation allows some flexibility when reasonable delays occur. Both police and defense lawyers need to understand the provisions, applications, and remedies under this section.