In a groundbreaking decision, a New Jersey appellate court ruled Monday that when a suspect in custody requests an attorney, police may not subsequently ask them to consent to a search without a break in custody. The decision, which establishes a bright-line rule, aims to bolster constitutional protections for suspects and provide clear guidance to law enforcement.
The case arose after a defendant was arrested over an assault. Following his arrest, police informed him of his Miranda rights, and he invoked his right to consult with an attorney. The interrogation ceased immediately. However, hours later, while he remained in custody, officers returned to request his consent to search his home - a request the defendant granted. That search led to the discovery of an assault firearm and large-capacity ammunition magazines.
The defendant later argued that his consent was invalid because the police had failed to “scrupulously honor” his request for counsel. The appellate court agreed, emphasizing New Jersey’s strong protections for suspects in custody. After analyzing how other jurisdictions handle similar situations, the court rejected a case-by-case approach and instead implemented a bright-line rule:
Once a person in custody requests an attorney, police may not ask them for consent to a search unless there is a break in custody. Any such consent is presumptively involuntary.
This decision places New Jersey among the most protective states when it comes to the rights of individuals in police custody. By setting a strict rule, the court clarified that law enforcement must not attempt to obtain consent for searches from detained suspects who have invoked their right to counsel.
Despite ruling that the consent search was invalid, the court upheld the defendant’s convictions for unlawful possession of an assault firearm and large-capacity magazines. The trial judge had determined that the evidence would have been inevitably discovered, meaning police would have found it through lawful means regardless of the disputed consent. The appellate court found no error in this application of the inevitable discovery doctrine.
Legal analysts say this ruling reinforces New Jersey’s tradition of robust protections for criminal defendants. “This decision makes it crystal clear - once you ask for a lawyer, police can’t come back later and try to get around that by asking for consent to search,” said one defense attorney. “It eliminates ambiguity and ensures suspects aren’t pressured into waiving their rights.”
The ruling is expected to influence police procedures and may even serve as a model for other states seeking to strengthen constitutional safeguards.
The defendant was represented by Attorney Edward Crisonino.
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