Sunday, May 18, 2014

Court rule 3:4-4. Proceedings in Arrest Under Uniform Fresh Pursuit Law

3:4-4. Proceedings in Arrest Under Uniform Fresh Pursuit Law

If an arrest is made in this State by an officer of another state in accordance with the provisions of N.J.S. 2A:155-1 to N.J.S. 2A:155-7, inclusive (Uniform Law on Fresh Pursuit), the officer shall take the arrested person, without unnecessary delay, before the nearest available judge who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, the judge shall commit the person to await, for a reasonable time, the issuance of an extradition warrant by the Governor of this State, or admit the person to bail for such purpose. If the court determines that the arrest was unlawful it shall discharge the person arrested.