Can Judge rely on suppression motion
testimony without defendant’s consent? No
Court cannot consider Sup Mt
testimony unless agreed by defendant
State v. Gibson 219 NJ 227 (2014)
State v. Gibson 219 NJ 227 (2014)
Due to the
fundamental differences between a pre-trial motion to suppress and a trial on
the merits, the best practice is to conduct two separate proceedings. However,
the motion record may be incorporated into the trial record if both parties
consent and counsel are given wide latitude in cross-examination. Where the
evidence from a pre-trial hearing is improperly admitted at the trial on the
merits, the correct remedy is remand for a new trial.
