Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. SHAHAAD I. JONES -- rank: 1000

... and seizure occurred. Defendant also claimed that, in accordance with N.J.S.A. 40A:14-118.5(q), he was entitled to a rebuttable presumption the missing ... exculpatory. The State argued an evidentiary hearing was unnecessary and N.J.S.A. 40A:14-118.5(q)'s rebuttable presumption is inapplicable at suppression hearings. A ... s claim he is entitled to a rebuttable presumption under N.J.S.A. 40A:14-118.5(q) that the recording from Officer Russell's BWC, which ... evidentiary hearing was required, the court also erred by concluding N.J.S.A. 40A:14-118.5(q) is inapplicable to issues presented at a suppression hearing ... rebuttable presumption the officer's BWC recording includes exculpatory evidence. N.J.S.A. 40A:14-118.5(q)(2). In pertinent part, the statute provides that, [i ... reasonably asserts that exculpatory evidence was destroyed or not captured; [] .... [N.J.S.A. 40A:14-118.5(q).] The motion court offered no analysis supporting its ...

docket:	a1243-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Published
citation:
Document Size:	35716

2 ANTONIO FUSTER v. TOWNSHIP OF CHATHAM -- rank: 939

... fee application. Plaintiffs' argument that the BWCL's exemption provision, N.J.S.A. 40A:14-118.5(l), abrogates OPRA's exemptions is without merit. We conclude ... of the plain language of the BWCL's inspection provision, N.J.S.A. 40A:14-118.5(k), which provides that a review of a BWC recording ... is subject to OPRA, demonstrates the four exemptions listed in N.J.S.A. 40A:14- 118.5(l) are in addition to OPRA's exemptions. Further, reading ... was erroneous because: the clear language of the BWCL provisions, N.J.S.A. 40A:14-118.5(j)(2) to (3), (k), mandates disclosure of the video recording as no exemption exists under N.J.S.A. 40A:14-118.5(l) and OPRA's exemptions are abrogated; a common law ... encounter between an officer and a member of the public.' N.J.S.A. 40A:14-118.5(c)(1). The recording must 'be retained for not ...

docket:	a1673-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-27
status:	Published
citation:
Document Size:	47529

3 STATE OF NEW JERSEY v. EZELL MILLER -- rank: 460

... The rebuttable presumption provided a defendant under certain circumstances by N.J.S.A. 40A:14-118.5(q) when stop video is not recorded, although applicable to ...

docket:	a2297-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-01
status:	Unpublished
citation:
Document Size:	89762

4 STATE OF NEW JERSEY v. SHADI ALLIE -- rank: 429

... other officers were in plain clothes. The rebuttable presumption of N.J.S.A. 40A:14-118.5 did not take effect until after this stop, making it ...

docket:	a0082-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-26
status:	Unpublished
citation:
Document Size:	27846