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STATE v. SMITH

864 A.2d 1177 (2005)

374 N.J. Super. 425

STATE of New Jersey, Plaintiff-Appellant, v. Jeffrey SMITH, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 2005.

Attorney(s) appearing for the Case

Dana R. Anton, Assistant Prosecutor, argued the cause for appellant (Sean F. Dalton, Gloucester County Prosecutor, attorney; Ms. Anton, on the brief).

Mario A. Iavicoli, Haddonfield, argued the cause for respondent.

Before Judges SKILLMAN, PARRILLO and GRALL.

The opinion of the court was delivered by

GRALL, J.A.D.

We granted the State's motion for leave to appeal from an order suppressing statements made by defendant Jeffrey Smith without benefit of Miranda warnings. The case requires us to consider the circumstances under which an officer responding to a domestic dispute must give warnings mandated by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.

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