Get the free State v. Dispoto - New Jersey Courts - judiciary state nj

State v. Dispute, N.J. Super. (App. Div. 2006). The following summary is not part of the opinion of the court. Please note that, in the interest of brevity, portions of the opinion may not have been

The New Jersey Supreme Court reversed the court of appeals for allowing suppression pursuant to the search warrant under the New Jersey Statutes. I. Facts At the time of defendant's arrest in November 2004, officers of the New Jersey State Police had made contact with defendant in connection with a marijuana seizure. The State had information that defendant may be distributing pot to numerous individuals. Defendant did not agree to submit to a search. On April 29, 2005, defendant was indicted for unlawful possession of a narcotic drug and possession of marijuana. The trial court dismissed the charges against defendant. The prosecutor subsequently sought the New Jersey Superior Court's help in bringing these charges to trial. On January 26, 2006, the State filed a motion to suppress the testimony of defendant that came to light after he was arrested for possession of marijuana. On February 26, 2006, the Superior Court denied the motion to suppress. The prosecutor appealed the Superior Court's decision. On March 14, 2006, the Superior Court reinstated the prosecution, and set a hearing on defendant's motion to suppress. On March 30, 2006, the Superior Court held a hearing on the defendant's motion to suppress in which the prosecuting attorney stated (1) that defendant had voluntarily confessed to planting incriminating evidence; (2) that “no reasonable probability existed” that defendant had planted drugs; and (3) the arresting officers found an unbroken glass jar with a marijuana cigarette and an unbroken glass bowl with marijuana plant remains in defendant's apartment. On April 26, 2006, the Superior Court entered a judgment holding that the State had failed as a matter of law to prove that defendant committed the offense charged. Additionally, the court held that defendant's statements were not admissible under the Miranda doctrine, and thus they could be excluded at trial. Accordingly, defendant requested a new trial and the New Jersey Supreme Court granted the case en band. II. Discretionary Review. Upon the State's petition, we granted its motion to dismiss under the State's choice-of-law approach. If the defendant's case on appeal was in fact in accordance with the law, we held, we would vacate the judgment, but we reserved the issue of the admissibility of his confession and the propriety of the exclusion of his statement. On our own initiative, we also entered separate affiances based on the State's refusal to submit to compulsory process. See, e.g., State v. Blevins, N.J. Super.

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State v Dispoto refers to a specific legal case in which the State prosecutes an individual named Dispoto.

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State v Dispoto is generated and filled out by the State's prosecuting attorney based on the details of the case.

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The purpose of state v Dispoto is to bring forward criminal charges against Dispoto and seek a legal resolution to the case.

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The specific information reported on State v Dispoto depends on the details of the case, including charges, evidence, and any relevant legal proceedings.

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