Monday, September 7, 2015

revised rule 3:5-7. Motion to suppress evidence and for return of property

revised rule 3:5-7. Motion to suppress evidence and for return of property
(a) Applicability; Notice; Time. On notice to the prosecutor of the county in which the

matter is pending or threatened, to the applicant for the warrant if the search was with a warrant, and to co-indictees, if any, and in accordance with the applicable provisions of R. 1:6-3 and R. 3:10, a person claiming to be aggrieved by an unlawful search and seizure and having reasonable grounds to believe that the evidence obtained may be used against him or her in a penal proceeding, may apply to the Superior Court [only and] in the county in which the matter is pending or threatened to suppress the evidence and for the return of the property seized (1) without a warrant if the matter involves an indictable crime or (2) where the search warrant was issued by a Superior Court judge, even though the offense charged or to be charged may be within the jurisdiction of a municipal court. [Such] A motion filed in the Superior Court shall be made pursuant to R. 3:10-2. When an offense charged or to be charged is within the jurisdiction of the Municipal Court, a motion to suppress evidence and for the return of property seized resulting from a search warrant issued by a Municipal Court judge or seized without a warrant shall be filed pursuant to R. 7:5-2.
(b) Briefs. . . . no change.
(c) Hearing. . . . no change.
(d) Appellate Review. . . . no change.
(e) Return of Property. . . . no change.
(f) Consequences of Failure to Move. . . . no change. (g) Effect of Irregularity in Warrant. . . . no change.

Note: Source - R.R. 3:2A-6(a)(b). Paragraph (a) amended, paragraphs (b), (c), (d) adopted and former paragraphs (b), (c), (d) redesignated as (e), (f), (g) respectively January 28, 1977 to be effective immediately; paragraphs (a) and (c) amended July 16, 1979 to be effective September
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10, 1979; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended June 9, 1989 to be effective June 19, 1989; paragraph (a) amended July 13, 1994 to be effective January 1, 1995; paragraph (a) amended January 5, 1998 to be effective February 1, 1998; paragraph (a) amended July 27, 2015 to be effective September 1, 2015.
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