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STATE v. MUHAMMAD

868 A.2d 302 (2005)

182 N.J. 551

STATE of New Jersey, Plaintiff-Appellant, v. Naseem Abdul MUHAMMAD, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 15, 2005.

Attorney(s) appearing for the Case

Leslie-Ann M. Justus, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General of New Jersey, attorney; Ms. Justus and Terry S. Bogorad, Senior Assistant Passaic County Prosecutor, on the briefs).

Gregory R. Mueller, Designated Counsel, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Justice ALBIN delivered the opinion of the Court.

A suspect has a right to remain silent while in police custody or under official interrogation, in accordance with his state law privilege against self-incrimination. In this case, we reaffirm that a suspect's silence while in custody, under interrogation, or "at or near" the time of his arrest cannot be used against him in a criminal trial. We agree with the Appellate Division that the prosecutor's improper use of...

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