No automatic right to discovery of other files State v. Hernandez 225 NJ 451 (2016)

No automatic right to discovery of other files

State v. Hernandez 225 NJ 451 (2016)

Although the discovery rule generally requires that the State provide all evidence relevant to the defense of criminal charges, it does not open the door to foraging through files of other cases in search of relevant evidence. The discovery ordered by the trial court and  Appellate Division exceeds the limits of Rule 3:13-3(b) and is not supported by this Court’s jurisprudence.  

Police video is public record under OPRA Paff v Ocean County Prosecutors Officer

Police video is public record under OPRA  Paff v Ocean County Prosecutors Officer __ NJ Super. __ (App. Div. 2016)

(MVRs) in  police vehicles - which, in accordance with the police chief’s  written policy order, are generated automatically whenever the  vehicle’s overhead lights are activated - are “government  records” subject to disclosure under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Appellant Ocean County  Prosecutor’s Office failed to carry its statutory burden to show that the films fall within an exception under OPRA. Judge Gilson dissents. A-4226-14T3

Suppression where stop based only for high beam State v. Scriven

Suppression where stop based only for high beam State v. Scriven __ NJ __

The trial court and Appellate Division properly concluded that the motor-vehicle stop violated the Federal and State Constitutions. The language of the high-beam statute, N.J.S.A. 39:3-60, is unambiguous; drivers are required to dim their high beams only when approaching an oncoming vehicle. Neither a car parked on a perpendicular street nor an on-foot police officer count as an oncoming vehicle. The judgment of the Appellate Division upholding the trial court’s suppression of the evidence is affirmed. (A-11-15)