Wednesday, February 26, 2020

Rule 3:4-4. Proceedings in Arrest Under Uniform Fresh Pursuit Law

Rule 3:4-4. Proceedings in Arrest Under Uniform Fresh Pursuit Law

If an arrest is made in this State by an officer of another state in accordance with
the provisions of N.J.S. 2A:155-1 to N.J.S. 2A:155-7, inclusive (Uniform Law on Fresh
Pursuit), the officer shall take the arrested person, without unnecessary delay, before
the nearest available judge who shall conduct a hearing for the purpose of determining
the lawfulness of the arrest. If the judge determines that the arrest was lawful, the judge
shall commit the person to await, for a reasonable time, the issuance of an extradition
warrant by the Governor of this State, or admit the person to monetary bail for such
purpose. If the court determines that the arrest was unlawful it shall discharge the
person arrested.

Note: Source -- R.R. 3:2-3(d), 8:3-3(d); amended July 13, 1994 to be effective September 1, 1994;
amended August 30, 2016 to be effective January 1, 2017.

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