2C:104-5. Arrest without warrant

260 words·~1 min read·/nj/title-2c/chapter-104/2c-104-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

2C:104-5 Arrest Without Warrant.

a. A law enforcement officer may arrest an alleged material witness without a warrant only if the arrest occurs prior to the filing of an indictment, accusation or complaint for a crime or the initiation of a criminal investigation before a grand jury, and if the officer has probable cause to believe that:

(1)a crime has been committed;

(2)the alleged material witness has information material to the prosecution of that crime;

(3)the alleged material witness will refuse to cooperate with the officer in the investigation of that crime; and

(4)the delay necessary to obtain an arrest warrant or order to appear would result in the unavailability of the alleged material witness.

b. Following the warrantless arrest of an alleged material witness, the law enforcement officer shall bring the person immediately before a judge. If court is not in session, the officer shall immediately bring the person before the emergency-duty Superior Court judge. The judge shall determine whether there is probable cause to believe that the person is a material witness of a crime and, if an indictment, accusation or complaint for that crime has not issued or if a grand jury has not commenced a criminal investigation of that crime, the judge shall determine whether there is probable cause to believe that, within 48 hours of the arrest, an indictment, accusation or complaint will issue or a grand jury investigation will commence.

The judge then shall proceed as if an application for a warrant has been made under N.J.S.2C:104-4.

Source: New.

L.1994,c.126,s.5.