Search Rutgers Law Library N.J. Court Opinions

1 A.A., by his parent and guardian B.A., et al. v. ATTORNEY GENERAL OF NEW JERSEY and THE NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 1000

... the DNA Database and Databank Act of 1994 (the Act), N.J.S.A. 53:1-20.17 to -20.28, as amended by L. 2003, c ... consisting of biological samples and DNA profiles of certain offenders. N.J.S.A. 53:1-20.20 g, h; N.J.S.A. 53:1-20.21. Its purpose is to provide "an important tool in criminal investigations and in deterring and detecting recidivist acts." N.J.S.A. 53:1-20.18.                     I. Plaintiffs, A.A., by his parent and guardian ... conduct classified as a crime to submit a biological sample. N.J.S.A. 53:1-20.20g, h; see L. 2003, c. 118. See footnote 1 ... every person convicted or found not guilty by [specified offenders]. . . . [ N.J.S.A. 53:1-20.18.] The Act requires any person convicted, adjudicated delinquent ...

docket:	A2671-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-17
status:	published
citation:
Document Size:	121823

2 A.A., by his parent and guardian B.A., et al. v. ATTORNEY GENERAL OF NEW JERSEY and THE NEW JERSEY DEPARTMENT OF CORRECTIONS -- rank: 997

... the DNA Database and Databank Act of 1994 (the Act), N.J.S.A. 53:1-20.17 to -20.28, as amended by L. 2003, c ... consisting of biological samples and DNA profiles of certain offenders. N.J.S.A. 53:1-20.20g, h; N.J.S.A. 53:1-20.21. Its purpose is to provide "an important tool in criminal investigations and in deterring and detecting recidivist acts." N.J.S.A. 53:1-20.18.                     I. Plaintiffs, A.A., by his parent and guardian ... conduct classified as a crime to submit a biological sample. N.J.S.A. 53:1-20.20g, h; see L. 2003, c. 118. See footnote 1 ... every person convicted or found not guilty by [specified offenders]. . . . [ N.J.S.A. 53:1-20.18.] The Act requires any person convicted, adjudicated delinquent ...

docket:	A2320-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-17
status:	published
citation:
Document Size:	121848

3 STATE OF NEW JERSEY v. RODNEY ARMOUR -- rank: 884

... DNA Database and Databank Act of 1994 (the DNA Act), N.J.S.A. 53:1-20.17 to -20.38. The DNA Act was established to ... which, if committed by an adult, would constitute a crime. N.J.S.A. 53:1-20.18; see also N.J.A.C. 13:81-1 ... crime and recovered from the crime scene."). In pertinent part, N.J.S.A. 53:1-20.20(g) states "[e]very person convicted or found not ... for inclusion in [the FBI's Combined DNA Index System]." N.J.S.A. 53:1-20.21; see also N.J.S.A. 53:1-20.19; State v. O'Hagen , 189 N.J. 140 , 148 ... the DNA samples taken from offenders for offenses covered in N.J.S.A. 53:1-20.20."). "Offender[s]" obligated to submit DNA samples in ...

docket:	a2006-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-19
status:	published
citation:	446 N.J.Super. 295 141 A.3d 381
Document Size:	66294

4 IN THE MATTER OF THE INVESTIGATION OF BURGLARY AND THEFT -- rank: 867

... the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17 to -20.26 ('the DNA Act'). Specifically, Judge Daniels ... is stored and maintained in the State DNA databank. See N.J.S.A. 53:1-20.21. The enumerated 'mandatory' offenses requiring a person to submit a DNA sample are set forth in N.J.S.A. 53:1-20.20(a) to (i). Subsections (a) to (c) require defendants ... delinquent of serious sexual offenses to submit a DNA sample. N.J.S.A. 53:1-20.20(a) to (c). Subsections (d) through (f) require defendants ... of any of these crimes, to submit a DNA sample. N.J.S.A. 53:1-20.20(d) to (f). Subsections (g) and (h) require defendants ... specified disorderly person offense' to submit a DNA sample. 4 N.J.S.A. 53:1- 20.20(g) to (h). The statute contains no mandate ...

docket:	a0228-18
court:	NJ Superior Court Appellate Division
decided:	2018-11-28
status:	Unpublished
citation:
Document Size:	40430

5 STATE v. O'HAGEN -- rank: 824

... the New Jersey DNA Database and Databank Act of 1994, N.J.S.A . 53:1-20.17 - 20.28 (Act), as amended, violates rights guaranteed by ... The New Jersey DNA Database and Databank Act of 1994, N.J.S.A . 53:1-20.17-20.28, as amended, does not violate the rights ... New Jersey DNA Database and Databank Act of 1994 (Act), N.J.S.A. 53:1-20.17-20.28, as amended. We granted certification to determine ... other biological sample for DNA testing and storage pursuant to N.J.S.A. 53:1-20.20. Defendant objected to the collection and testing of his ... each of the purposes of the Act as delineated in N.J.S.A. 53:1-20.21 satisfies a special need beyond normal law enforcement concerns ... other biological sample" submitted for the purpose of DNA testing. N.J.S.A. 53:1-20.20g (Supp. 2006). Initially only persons convicted of certain ...

docket:	a-70-05
court:	njsupreme
decided:	2007-01-24
status:
citation:	189 N.J. 140
Document Size:	114936

6 /usr/local/share/www/libweb/collections/courts/appellate/a-41-20.opn.html -- rank: 781

... of Burglary & Theft, 240 N.J. 436, 441 (2020) (citing N.J.S.A. 53:1-20.21)). 5 In 2002, the policy to exclude from DNA ... 25 Indeed, the DNA Database and Databank Act of 1994, N.J.S.A. 53:1- 20.17 to -20.38, contemplates the procedures by which DNA ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	62948

7 /usr/local/share/www/libweb/collections/courts/supreme/a-41-20.opn.html -- rank: 781

... of Burglary & Theft, 240 N.J. 436, 441 (2020) (citing N.J.S.A. 53:1-20.21)). 5 In 2002, the policy to exclude from DNA ... 25 Indeed, the DNA Database and Databank Act of 1994, N.J.S.A. 53:1- 20.17 to -20.38, contemplates the procedures by which DNA ...

docket:
court:	New Jersey Supreme Court
decided:
status:
citation:
Document Size:	62841

8 STATE OF NEW JERSEY v. JOHN O'HAGEN -- rank: 766

... that his offense occurred prior to the effective date of N.J.S.A. 53:1-20.17 to -20.28. Defendant contends that the collection and ... to Assembly Bill No. 1952 (June 23, 1994), reprinted in N.J.S.A. 53:1-20.17. Under the DNA Act, the Division of State Police is responsible for analyzing and classifying DNA samples, N.J.S.A. 53:1-20.21. These records are also forwarded to the Federal Bureau ... FBI) for inclusion in the Combined DNA Identification System (CODIS), N.J.S.A. 53:1-20.21, -20.24(a), "the FBI's national DNA identification ... of DNA records submitted by State and local forensic laboratories," N.J.S.A. 53:1-20.19. The stated purpose of this legislation is to deter ... and detection of individuals who are subject to criminal investigations." N.J.S.A. 53:1-20.18. As enacted in 1994, the DNA Act originally ...

docket:	A2211-03
court:	NJ Superior Court Appellate Division
decided:	2005-09-07
status:	published
citation:	380 N.J. Super. 133 881 A.2d 733
Document Size:	84041

9 State v. Rafael Camey -- rank: 749

... it could have obtained a buccal swab from defendant under N.J.S.A. 53:1-20.20 or through an application for investigative detention under Rule ... sample from persons arrested for certain enumerated violent crimes under N.J.S.A. 53:1-20.20, including sexual assault (with which defendant was charged here ... the State could have obtained defendantā€™s DNA pursuant to N.J.S.A. 53:1-20.20. And, in response to the Stateā€™s argument that ... index to facilitate law enforcement exchange of DNA identification information); N.J.S.A. 53:1-20.20 (requiring collection of DNA upon conviction of certain crimes ... Circuit case Sutton v. Pfister to support its contention that N.J.S.A. 53:1-20.20 -- which requires arrestees for certain offenses to provide DNA ...

docket:	a-73-17
court:	NJ Supreme Court
decided:	2019-08-01
status:
citation:	--- A.3d ----
Document Size:	97236

10 State v. Edwin Andujar -- rank: 734

... when background checks can be done of prospective jurors. 4 N.J.S.A. 53:1-20.6(a), which enables the Superintendent of the State Police ...

docket:	a-6-20
court:	NJ Supreme Court
decided:	2021-07-13
status:
citation:
Document Size:	109244

11 DOE V. PORITZ -- rank: 704

Original WP 5.1 Version This case can also be found at 142 N.J. 1. SUPREME COURT SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed ...

docket:	a-170-94
court:	njsupreme
decided:	1995-07-25
status:
citation:	142 N.J. 1
Document Size:	387194

12 STATE OF NEW JERSEY IN THE INTEREST OF L.R. -- rank: 689

... constitutionality of the "DNA Database and Databank Act" (the Act), N.J.S.A. 53:1-20.17 to -20.28. In Point I, he asserts that ... 2003, prior to September 22, 2003, the effective date of N.J.S.A. 53:1-20.20h. He argues, "[t]he order requiring L.R. to ... under federal law as a condition for obtaining federal funding. [ N.J.S.A. 53:1-20.21.] None of these purposes furthers a penal or punishment ... which if committed by an adult, would constitute a crime. [ N.J.S.A. 53:1-20.18.] We are satisfied that the Legislature did not intend ... at 62-63.] As previously explained, the purposes outlined in N.J.S.A. 53:1-20.21 assist in the administration of justice by helping to ... searches and seizures . . . ." Id. at 138-39. O'Hagen upheld N.J.S.A. 53:1-20.20g as constitutional under the Fourth Amendment of the ...

docket:	a3397-03
court:	njappellate
decided:	2006-01-30
status:	published
citation:	*CITE_PENDING*
Document Size:	82428

13 In the Matter of the Investigation of Burglary and Theft -- rank: 669

... the DNA Database and Databank Act of 1994 (DNA Act), N.J.S.A. 53:1-20.17 to -20.38, certain offenders must provide DNA samples ... stored by the Forensics Office in a state DNA databank. N.J.S.A. 53:1-20.20(a) to (h). The DNA Act further provides that ... court order or in accordance with any other law.ā€¯ N.J.S.A. 53:1-20.20(i) (emphasis added). For routine offender samples -- those routinely ... that profile to the FBI to be uploaded to CODIS. N.J.S.A. 53:1-20.21. The DNA profile may be used for, among other ... proceedings, by order of the court, if otherwise admissible.ā€¯ N.J.S.A. 53:1-20.21(a), (e), (f). If CODIS identifies significant similarity between ...

docket:	a-61-18
court:	NJ Supreme Court
decided:	2020-01-21
status:
citation:
Document Size:	30322

14 STATE OF NEW JERSEY v. JOHN P. VODRAZKA, a/k/a JOHN P VODRASKA, ANTHONY JOHNSON JOHNNY JOHNSON, J VODRASKA ANTHONY VODRASKA, and JOHN VODRASKA -- rank: 654

... b)(1). We disagree. Prior to its amendment in 2003, N.J.S.A. 53:1-20.20 required only those persons convicted of committing certain sexual ... found not guilty by reason of insanity of a crime." N.J.S.A. 53:1-20.18. Generally, under N.J.S.A. 2C:1-6 ... have been in the state database upon the amendment of N.J.S.A. 53:1-20.20(g), which was effective September 22, 2003, almost two ... have or should have been subjected to DNA testing because N.J.S.A. 53:1-20.20(g) had been amended by that time, there are ... required to have been subjected to DNA testing, is misplaced. N.J.S.A. 53:1-20.22 merely designates the locations where the DNA samples are to be taken for persons subject to N.J.S.A. 53:1-20.20, whether confined or not confined. It creates no ...

docket:	a4379-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-12
status:	unpublished
citation:
Document Size:	15653

15 State v. Tariq S. Gathers -- rank: 646

... DNA records submitted by State and local forensic laboratories.ā€¯ N.J.S.A. 53:1-20.19; see also State v. Gathers, 449 N.J. Super ... DNA Database and Databank Act of 1994 (the DNA Act), N.J.S.A. 53:1-20.10 to -20.28. Thus, according to the defense, the ... which was adequate for successful analysis and identification.ā€¯ (quoting N.J.S.A. 53:1-20.22(d)). Moreover, defendant points to Section 20.37(a ... any time prior to conviction except in specific circumstances. See N.J.S.A. 53:1-20.20. Furthermore, our statute allows for the taking of a ...

docket:	a_80_16
court:	New Jersey Supreme Court
decided:	2018-07-24
status:
citation:
Document Size:	43437