New Jersey v. Ingram

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In 2017, officers arrested defendant Amed Ingram after an officer observed him in possession of a defaced .45 caliber handgun loaded with eight rounds. The State charged defendant with second-degree unlawful possession of a handgun, second-degree possession of a firearm for an unlawful purpose, second-degree possession of a firearm by certain persons with a prior conviction, and fourth-degree receipt of a defaced firearm. The affidavit of probable cause in support of the complaint generally tracked the language of the statutes under which defendant was charged and, in the space to explain how law enforcement became aware of the stated facts, the officer wrote, officer observations. The officer also prepared a preliminary law enforcement incident report (PLEIR), which, at the time, was incorporated into the affidavit, rating defendant 6 out of 6 the highest level for risk of both failure to appear and new criminal activity. The PSA also noted defendant s criminal history. The State moved for detention and submitted the following documents: the complaint-warrant, the affidavit of probable cause, the PSA, the PLEIR, and defendant s criminal history. Defense counsel objected and argued that the CJRA and court rules required the State to present a live witness to establish probable cause. The trial court rejected defendant's claims. The Appellate Division affirmed. The New Jersey Supreme Court agreed with the trial court and the Appellate Division that neither the statute's plain language nor principles of due process required the State to present testimony from a live witness at every detention hearing. Instead, the State may proceed by proffer to try to satisfy its burden of proof and show that detention is warranted. Trial judges, however, retain discretion to require direct testimony when they are dissatisfied with the State s proffer. View "New Jersey v. Ingram" on Justia Law