{"id":12627,"date":"2014-07-21T00:58:39","date_gmt":"2014-07-21T05:58:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12627"},"modified":"2014-07-23T07:59:02","modified_gmt":"2014-07-23T12:59:02","slug":"nj-no-violation-of-neutral-and-detached-magistrate-requirement-where-issuing-magistrate-didnt-remember-prior-prosecution-of-one-defendant-when-an-ada","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=12627","title":{"rendered":"NJ: No violation of “neutral and detached magistrate” requirement where issuing magistrate didn’t remember prior prosecution of one defendant when an ADA"},"content":{"rendered":"

The judge issuing the search warrant here had, over six years earlier, as an ADA prosecuted one of the eight defendants in this case. He didn’t remember the case. When it was brought to his attention, he recused from the entire case. All the defendants moved to suppress and dismiss based on the \u201cbright line\u201d rule in State v. McCann<\/a>, 391 N.J. Super. 542, 919 A.2d 136 (2007), a violation of judicial ethics can lead to that result. The defendants waited a year to raise the issue for strategic reasons, and there was no dispute that there was probable cause and, more notably, there was no allegation of actual bias by the judge because everybody agreed he didn’t remember the defendant. Noting \u201c[t]he \u2018overarching objective of the Code of Judicial Conduct is to maintain public confidence in the integrity of the judiciary,\u2019\u201d judicial conflicts of interest harm the public perception of the judiciary, the conflict here didn’t warrant suppression because of no memory of the one defendant. Under these facts, the \u201cneutral and detached magistrate requirement\u201d of the Fourth Amendment wasn\u2019t violated, and the McCann \u201cbright line\u201d rule doesn\u2019t govern this type of case. Also, no interests of the exclusionary rule would be served by suppression here. State v. Presley<\/a>, 2014 N.J. Super. LEXIS 101 (July 17, 2014).<\/p>\n","protected":false},"excerpt":{"rendered":"

The judge issuing the search warrant here had, over six years earlier, as an ADA prosecuted one of the eight defendants in this case. He didn’t remember the case. When it was brought to his attention, he recused from the … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[37],"tags":[],"class_list":["post-12627","post","type-post","status-publish","format-standard","hentry","category-warrant-requirement"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12627","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12627"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12627\/revisions"}],"predecessor-version":[{"id":12654,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12627\/revisions\/12654"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12627"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12627"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12627"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}