New Jersey v. Dickerson

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This appeal raised the question of whether, in cases involving a search warrant, Rule 3:4-2(c)(1)(B) required the State to produce the affidavit underlying the warrant prior to a pretrial detention hearing pursuant to the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. During defendant Melvin Dickerson’s pretrial detention hearing, the court denied the State’s motion for pretrial detention. Relying on Rule 3:4-2(c)(1)(B), the court ordered defendant released subject to conditions as a discovery sanction for the State’s failure to produce the search warrant affidavit. On interlocutory appeal, the Appellate Division agreed that the State was obliged to produce the affidavit but held that the trial court erred by releasing defendant as a discovery sanction. Therefore, the Appellate Division directed the State to produce the affidavit and remanded for a full pretrial detention hearing. After review, the New Jersey Supreme Court reversed the Appellate Division’s judgment ordering production of the search warrant affidavit, and also found no evidence or allegation of misconduct on the part of the State justifying discovery sanctions for failure to produce the search warrant affidavit. Thus, the Court agreed with the Appellate Division that the pretrial release of defendant was in error and that the case should be remanded for a full pretrial detention hearing. View "New Jersey v. Dickerson" on Justia Law