NJ RULE GOVERNING PROCEDURES OF SUPPRESSION MOTION IN SUPERIOR COURT
Filing a Motion to Suppress Evidence and Return Seized Property under Rule 3:5-7 with Todd Spodek
If you have been the victim of an unlawful search and seizure, you have rights under Rule 3:5-7. This rule provides guidance on how to proceed if you feel that the evidence seized during an illegal search might be used against you in a criminal proceeding. To suppress such evidence and return your property to you requires filing a motion with the Superior Court. At Todd Spodek Law Firm, we can guide you through this complicated process.
When to File a Motion
To file a motion, an individual must believe that the evidence seized during an illegal search could be used against them in court. The motion must then be made according to R.3:10-2, which mandates following notification procedures explained further by R.1:6-3 and R.3:10.
Who Needs to be Notified?
The applicant for any warrant involved, whether or not it was executed during the search, needs to receive notice of this motions filing along with any co-indictees who may also need to file motions concurrently.
Why is It Important to File Briefs?
It is essential when filing such motions with warrants executed that a document stating all pertinent facts and allegations is submitted within notices provisions outlined by R.1:6-3 and R.3:10 covered above. The State then has ten days from notification submission’s receipt to file their counter brief.
For no-warrant searches/procedures, these requirements extend up to fifteen days after submission’s receipt for the State’s brief including statement of facts as alleged whereafter no more than three days before hearings should occur respective responses are filed while noting only consolidated cases can continue jointly other opens calling on testimony services provided by witnesses being disputed evidence from hearings indicates some compromise limitation standards even whilst appellative final verdicts give clear accountability.
The Hearing Process
In cases of consolidated hearings, all motions shall see a single determination unless reasonable grounds exist to hear them separately. Hearings are expected to be transparent and candidly open. Testimony will be taken into account if it is required.
Appealing Appellate Review and Return of Property
If the motion’s outcome leads to an appeal subsequent to a guilty verdict judgment, relief options remain available under R.2:5-6 after which requisite delivery occurs for the amenable party entitled to its property seized during the illegal search.
Consequences of Missing Rule 3:5-7 Filing Deadlines
Should deadlines and R.3:5-7 provisions not be upheld, then defendants would forego authenticity on their claims regarding acceptable evidence from illegal searches during trials where they should have raised this issue when thereby committing waiver for potential petitioning later in such proceedings.
Irregularities within Warrants
Unless clearly designed with bad faith, irregularities or technical insufficiencies in search warrants, relevant documents’ gathering processes, or notices will not lead to it’s execution’s illegality.
Table 1. Briefing Process Outline for Motion Filings
Type of Search Conducted
Required Documents for Filing
Conducted Using Warrant
A brief stating facts/arguments supporting motion
With notice of motion
States brief states facts/arguments supporting motion
Within 10 days from notice received
Conducted without warrant
A copy of the states briefing that provides statements alleging facts
Within 15 days after filing motion
Movants brief and counterstatement
No later than three days prior to hearing
Benefits of Hiring Todd Spodek Law Firm
Don’t face a complex process alone when seeking justice through Rule 3:5-7; Trust Todd Spodek Law Firm who will provide guidance throughout the case. As experienced professionals, we understand the intricacies of the hearing process and how to navigate it. We know precisely what is needed to ensure your rights protected as per law requirement specifications during this process, levels of accountability for which are paramount. Contact us today for a consultation so that we can assist you in every way possible towards obtaining justice accordance with regulations mandated by R3:5-7.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS