MATTER OF BURGLARY AND THEFT

A-61 September Term 2018 082243.

223 A.3d 147 (2020)

240 N.J. 436

In the MATTER OF the Investigation of BURGLARY AND THEFT.

Supreme Court of New Jersey.

Decided January 21, 2020.


Attorney(s) appearing for the Case

Shiraz Deen , Assistant Prosecutor, argued the cause for appellant State of New Jersey ( Bradley D. Billhimer , Ocean County Prosecutor, attorney; Samuel Marzarella , Chief Appellate attorney, of counsel, and Shiraz Deen and on the briefs).

Brian P. Keenan , Assistant Deputy Public Defender, argued the cause for respondent J.P. ( Joseph E. Krakora , Public Defender, attorney; Brian P. Keenan, of counsel and on the briefs).

Lila B. Leonard , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Lila B. Leonard, of counsel and on the briefs).


Rule 3:5A-1 allows a Superior Court judge to order temporary detention to obtain evidence of a person's physical characteristics under certain circumstances. Rule 3:5A-4(d) mandates that such an order issue only if "the physical characteristics sought...

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