Friday, February 21, 2020

Rule 7:5-2. Motion to Suppress Evidence

Rule 7:5-2. Motion to Suppress Evidence

(a) Jurisdiction. The municipal court shall entertain motions to suppress evidence
seized with a warrant issued by a municipal court judge or without a warrant in matters
within its trial jurisdiction on notice to the prosecuting attorney and, if the county prosecutor
is not the prosecuting attorney, also to the county prosecutor. In matters beyond the trial
jurisdiction of the municipal court, and in matters where a search warrant was issued by a
Superior Court judge, a motion to suppress evidence shall be made and heard in the
Superior Court.

(b) Procedure. If the search was made with a warrant, a brief stating the facts and
arguments in support of the motion shall be submitted with the notice of motion. The State
shall submit a brief stating the facts and arguments in support of the search, within a time
as determined by the judge, but no less than 10 days after submission of the motion. If the
search was made without a warrant, written briefs in support of and in opposition to the
motion to suppress shall be filed either voluntarily or in the discretion of the judge, who
shall determine the briefing schedule. All motions to suppress shall be heard before the
start of the trial. If the municipal court having jurisdiction over the motion to suppress
evidence seized with a warrant has more than one municipal court judge, the motion shall
be heard by a judge other than the judge who issued the warrant, such judge to be
designated by the chief judge for that municipal court. If the municipal court having
jurisdiction of the motion to suppress evidence seized with a warrant has only one judge,
who issued the warrant, the motion to suppress evidence shall be heard by the Municipal
Court Presiding Judge for the vicinage, or such municipal court judge in the vicinage that
the Assignment Judge shall designate.

(c) Order; Stay.

(1) Order Granting Suppression. An order granting a motion to suppress
evidence shall be entered immediately upon decision of the motion. Within ten days after
its entry, the municipal court administrator shall provide a copy of the order to all parties
and, if the county prosecutor is not the prosecuting attorney, also to the county prosecutor.
All further proceedings in the municipal court shall be stayed pending a timely appeal by
the State, pursuant to R. 3:24. The property that is the subject of the suppression order
shall, if not otherwise subject to lawful detention, be returned to the person entitled to it
only after exhaustion by the State of its right to appeal.

(2) Order Denying Suppression. An order denying suppression may be
reviewed on appeal from an ensuing judgment of conviction pursuant to R. 3:23 whether
the judgment was entered on a guilty plea or on a finding of guilt following trial.

(d) Waiver. Unless otherwise ordered by the court for good cause, defendant's
failure to make a pretrial motion to the municipal court pursuant to this rule shall constitute
a waiver of any objection during trial to the admission of the evidence on the ground that
the evidence was unlawfully obtained.

(e) Effect of Irregularity in Warrant. In the absence of bad faith, no search or seizure
made with a search warrant shall be deemed unlawful because of technical insufficiencies
or irregularities in the warrant or in the papers or proceedings to obtain it, or in its
execution.

Note: Source-Paragraphs (a),(b),(c): R. (1969) 7:4-2(f); paragraph (d): R. (1969) 3:5-7(f). Adopted October 6, 1997 to be effective February 1, 1998; paragraphs (a) and (b) amended, new paragraph (e) caption and text adopted July 27, 2015 to be effective September 1, 2015.

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