In this archive episode, Dennis revisits cases where the defendant makes an admission in the presence of an officer. Recorded on 10/11/2017.
Defendants admission brings offense within the presence of the officer. (also see Bauer v. Borough off Cliffside Park 1988.)Bauer v. Borough of Cliffside Park :: 1988 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: U.S. Law :: Justia
The court held that a defendants admission to a police officer of the facts making up the offense alleged will satisfy that the requirement that the disorderly offense occur in the officer’s presence.
State v. Morse :: 1969 :: Supreme Court of New Jersey Decisions :: New Jersey Case Law :: New Jersey Law :: U.S. Law :: Justia
Most commonly, the “in presence” requirement is satisfied by an officer directly viewing or seeing the offense occur even if the officer uses a telescope or binoculars.
Remember – Binoculars are an accepted way of surveillance.
Also- A video tape alone (CCTV) does not satisfy the in presence requirement (This is for Non-Indictables or a Non-Crime) for a warrantless arrest, not for a summons complaint.
The in-presence requirement only applies to the arrest of a person. This doesn’t mean you can’t issue a summons in an incident where probable cause exists.
R. 7:2-(a)(2) A law enforcement officer may personally serve the summons on the defendant without making the custodial arrest without a finding by a judicial officer of probable cause for issuance.
officer using the Special Form should check the box in the shaded area designated "Law Enforcement Use Only.“
Under Chapter 12 of Title 2B Any police officer may issue summonses related to such complaints and may as authorized by the Rules of the Court issue a summons in lieu of an arrest for an offense committed in the officer's presence.
Special Form of Complaint and Summons under NJ Court Rule 7:2-1(g)
Disorderly / Petty Disorderly Offenses, except for those involving domestic violence and those with a companion indictable manner
Local Ordinance Violations
Code Enforcement Actions
Penalty Enforcement actions (R.7:2-1(h)
Parking and Traffic Offenses where a private citizen is the complainant.