NJ: Affidavit for SW doesn’t need to be turned over at bail hearing where arrest doesn’t rely on SW under NJ law

When the state is not relying on the product of a search warrant for its arrest warrant, it does not have to disclose the search warrant affidavit under state law at the detention hearing – it can wait until later pretrial discovery. Release on conditions as a sanction for not disclosing the affidavit and premature disclosure of the search warrant affidavit is reversed. A new detention hearing should be held. State v. Dickerson, 2018 N.J. LEXIS 124 (Feb. 5, 2018):

4. In the present case, the affidavit of probable cause did not refer to the search warrant affidavit, nor did the State rely on the search warrant affidavit at the detention hearing. The search warrant affidavit did not “relate to” the affidavit of probable cause. It is true that, where a defendant is one of several persons found on premises where contraband is discovered, it may not be inferred that he knew of the presence or had control of the contraband unless there are other circumstances tending to permit such an inference to be drawn. Defendant was in the area of the salon where drugs and guns were found, and officers found mail addressed to defendant at the salon, a State of New Jersey Certificate of Authority addressed to defendant, and an expired City of Asbury Park Barbershop/Salon License addressed to a Barbara Dickerson. It is clear that defendant was not a customer. The State established a nexus sufficient to support probable cause here. The Court reverses the affirmance of the order that compelled production of that document. (pp. 29-31)