STATE v. MISIK


238 N.J. Super. 367 (1989)

569 A.2d 894

STATE OF NEW JERSEY, PLAINTIFF, v. JANOS MISIK, DEFENDANT.

Superior Court of New Jersey, Law Division Bergen County.

Decided June 23, 1989.


Attorney(s) appearing for the Case

Alan L. Zegas for defendant.

Raymond F. Flood (appearing for the firm of Weissbard & Wiewiorka, attorneys) on behalf of the Association of Criminal Defense Lawyers of New Jersey as amicus curiae.

Nanette Clinch, Special Deputy Attorney General (Acting Assistant Prosecutor) on behalf of the State of New Jersey.


QUASI-CRIMINAL ACTION OPINION

EICHEN, J.S.C.

The primary and novel issue in this case is whether the Due Process Clause of the Fourteenth Amendment to the United States Constitution and Article I, Paragraph 1 of the New Jersey Constitution requires notice and an opportunity to be heard before a person believed to be a material witness may be arrested or detained. In addition, the court addresses the issue of whether a pending criminal action is required...

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