administration of Miranda warning (New Jersey) · Go Syfert
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administration of Miranda warning in New Jersey

45 New Jersey opinions name it 2 courts 1987–2026 20 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (33)

CaseFollowedCited
State v. A.M.green
nj · 2019 · cited in 12 New Jersey opinions naming this issue, 2019–2026
2 sentences

2026"The administration of Miranda warnings ensures that a defendant's right against self-incrimination is protected in the inherently coercive atmosphere of custodial interrogation." State v. A.M., 237 N.J. 384 , A-2113-24 12 397 (2019).

2025"The administration of Miranda warnings ensures that a defendant's right against self-incrimination is protected in the inherently coercive atmosphere of custodial interrogation." State v. A.M., 237 N.J. 384, 397 (2019).

912
State v. Adamsgreen
nj · 1992 · cited in 3 New Jersey opinions naming this issue, 2015–2017
2 sentences

2017"The responsibility of law-enforcement authorities to inform defendants of their rights ends with the proper administration of Miranda warnings." State v. Adams, 127 N.J. 438, 448 (1992).

2015It is the "responsibility of law-enforcement authorities to inform defendants of their rights [] with the proper administration of Miranda warnings." State v. Adams, 127 N.J. 438, 448 (1992) (citing State v. McKnight, 52 N.J. 35, 47 (1968)).

33
State v. McKnightgreen
nj · 1968 · cited in 3 New Jersey opinions naming this issue, 1992–2015
2 sentences

2015It is the "responsibility of law-enforcement authorities to inform defendants of their rights [] with the proper administration of Miranda warnings." State v. Adams, 127 N.J. 438, 448 (1992) (citing State v. McKnight, 52 N.J. 35, 47 (1968)).

2015It is the "responsibility of law-enforcement authorities to inform defendants of their rights [] with the proper administration of Miranda warnings." State v. Adams, 127 N.J. 438, 448 (1992) (citing State v. McKnight, 52 N.J. 35, 47 (1968)).

33
State v. Nyhammergreen
nj · 2009 · cited in 6 New Jersey opinions naming this issue, 2019–2026
2 sentences

2026To that end, a person subject to custodial interrogation "must be adequately and effectively apprised of his [or her] rights." Nyhammer, 197 N.J. at 400 (quoting Miranda, 384 U.S. at 467 ).

2025To admit a statement obtained during a custodial interrogation, "the State must 'prove beyond a reasonable doubt that the suspect's waiver was knowing, intelligent, and voluntary in light of all the circumstances.'" State v. Tillery, 238 N.J. 293, 316 (2019) (quoting State v. Presha, 163 N.J. 304, 313 (2000)); see also State v. A-2311-22 17 Nyhammer, 197 N.J. 383 , 405 n.11 (2009) (emphasizing the totality of the circumstances analysis).

26
State v. O'NEALgreen
nj · 2007 · cited in 4 New Jersey opinions naming this issue, 2011–2025
2 sentences

2025Our Supreme Court adopted the public safety exception in State v. O'Neal, holding that the questioning of a suspect prior to the administration of Miranda warnings was acceptable when the situation presented an A-1624-22 59 "objectively reasonable need to protect the police or the public from any immediate danger associated" with a weapon. 190 N.J. 601, 618 (2007) (quoting Quarles, 467 U.S. at 659 n.8).

2021Our Supreme Court adopted the public safety exception in State v. O'Neal holding that the questioning of a suspect prior to the administration of Miranda warnings was acceptable when the situations presented an "objectively reasonable need to protect the police or the public from any immediate danger associated" with a weapon. [Ibid. (quoting State v. O'Neal, 190 N.J. 601, 618 (2007)).] In Stephenson, we delineated a framework to determine whether the public safety exception applied to a given situation, explaining: There must be a compelling and exigent need, under the totality of the circums

24
State v. Pillargreen
njsuperctappdiv · 2003 · cited in 4 New Jersey opinions naming this issue, 2015–2021
2 sentences

2021State v. Pillar, 359 N.J.

2021State v. Pillar, 359 N.J.

24
State v. Kareem T. Tillery (079832) (Essex County and Statewide)green
nj · 2019 · cited in 3 New Jersey opinions naming this issue, 2021–2025
2 sentences

2025To admit a statement obtained during a custodial interrogation, "the State must 'prove beyond a reasonable doubt that the suspect's waiver was knowing, intelligent, and voluntary in light of all the circumstances.'" State v. Tillery, 238 N.J. 293, 316 (2019) (quoting State v. Presha, 163 N.J. 304, 313 (2000)); see also State v. A-2311-22 17 Nyhammer, 197 N.J. 383 , 405 n.11 (2009) (emphasizing the totality of the circumstances analysis).

2024To admit a statement obtained during a custodial interrogation, "the State must 'prove beyond a reasonable doubt that the suspect's waiver was knowing, intelligent, and voluntary in light of all the circumstances.'" State v. Tillery, 238 N.J. 293, 316 (2019) (quoting State v. Presha, 163 N.J. 304, 313 (2000)); see also Nyhammer, 197 N.J. at 405, n.11 (emphasizing the totality of the circumstances analysis).

23
State v. Stephensongreen
njsuperctappdiv · 2002 · cited in 3 New Jersey opinions naming this issue, 2021–2025
2 sentences

2025To establish the exception applies, the "State must generally demonstrate (1) there was an objectively reasonable need to protect the police or the public; (2) from an immediate danger; (3) associated with a weapon; and that (4) the questions asked were related to that danger and reasonably necessary to secure public safety." Melendez, 423 N.J. Super. at 24 (quoting State v. Stephenson, 350 N.J. Super. 517, 525 (App. Div. 2002)).

2025This court has held, A-0928-20 63 [i]n order to establish the need to invoke the exception, the State must generally demonstrate "(1) there was an objectively reasonable need to protect the police or the public; (2) from an immediate danger; (3) associated with a weapon; and that (4) the questions asked were related to that danger and reasonably necessary to secure public safety." [State v. Stephenson, 350 N.J. Super. 517, 525 (App. Div. 2002) (quoting State v. Prim, 730 N.E.2d 455, 463 (1999)).] The exception is not restricted to public places and may apply in private settings.

23
State v. Preshagreen
nj · 2000 · cited in 2 New Jersey opinions naming this issue, 2024–2025
2 sentences

2025To admit a statement obtained during a custodial interrogation, "the State must 'prove beyond a reasonable doubt that the suspect's waiver was knowing, intelligent, and voluntary in light of all the circumstances.'" State v. Tillery, 238 N.J. 293, 316 (2019) (quoting State v. Presha, 163 N.J. 304, 313 (2000)); see also State v. A-2311-22 17 Nyhammer, 197 N.J. 383 , 405 n.11 (2009) (emphasizing the totality of the circumstances analysis).

2024To admit a statement obtained during a custodial interrogation, "the State must 'prove beyond a reasonable doubt that the suspect's waiver was knowing, intelligent, and voluntary in light of all the circumstances.'" State v. Tillery, 238 N.J. 293, 316 (2019) (quoting State v. Presha, 163 N.J. 304, 313 (2000)); see also Nyhammer, 197 N.J. at 405, n.11 (emphasizing the totality of the circumstances analysis).

22
State v. Cunninghamgreen
njsuperctappdiv · 1977 · cited in 2 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020Id. at 21; State v. Cunningham, 153 N.J.

2020Id. at 21; State v. Cunningham, 153 N.J.

22
State v. Hickmangreen
njsuperctappdiv · 2000 · cited in 2 New Jersey opinions naming this issue, 2019–2020
2 sentences

2020Id. at 632 .

2020In State v. Hickman, 335 N.J. Super. 623, 631 (App. Div. 2000), we held that "[r]oadside questioning of a motorist is not transformed into 'custodial interrogation' that must be preceded by Miranda warnings simply because a police officer's questioning is accusatory in nature or designed to elicit incriminating evidence." Relying on Berkemer, we noted that a police officer telling a defendant he looked "really nervous" and asking if he had any contraband in the vehicle was not equivalent to a formal arrest and did not require the administration of Miranda warnings.

22
State Ex Rel. Qngreen
nj · 2004 · cited in 2 New Jersey opinions naming this issue, 2012–2018
2 sentences

2018See State v. Q.N., 179 N.J. 165, 176-77 (2004) (after the administration of Miranda warnings in the presence of the mother and the juvenile, the mother took an "active role in directing her son to 'answer the officer's questions.'"); see also State v. Belliard, 415 N.J.

2012Id. at 169, 843 A.2d 1140 .

12
Patterson v. Illinoisgreen
scotus · 1988 · cited in 2 New Jersey opinions naming this issue, 1992–1994
2 sentences

1994The Supreme Court declined to suppress the defendant’s statements, concluding that the administration of Miranda warnings had made the defendant “sufficiently aware of his right to have counsel present during the questioning, and of the possible consequences of a decision to forgo the aid of counsel!.]” Id. at 292-93 , 108 S.Ct. at 2395 , 101 L.Ed.2d at 272 .

1994The Supreme Court declined to suppress the defendant’s statements, concluding that the administration of Miranda warnings had made the defendant “sufficiently aware of his right to have counsel present during the questioning, and of the possible consequences of a decision to forgo the aid of counsel!.]” Id. at 292-93 , 108 S.Ct. at 2395 , 101 L.Ed.2d at 272 .

12
State v. J.R.green
nj · 2017 · cited in 1 New Jersey opinions naming this issue, 2026–2026
2 sentences

2026A.A., 240 N.J. at 359.

2026In A.A., the Court recently amplified Presha, holding that the practice of providing an opportunity for the parent and child to confer privately after the administration of Miranda warnings "would enable parents to help children understand their rights and decide whether to waive them—as contemplated in Presha." 240 N.J. at 359.

11
State v. Sanchez-Medinagreen
nj · 2018 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025Furthermore, "[i]f the individual states that he wants an attorney, the interrogation must cease until an attorney is present." Id. at 474 . [Clark, 251 N.J. at 291-92 (alterations and omissions in original).] "The administration of Miranda warnings ensures that a defendant's right against self-incrimination is protected in the inherently coercive atmosphere of custodial interrogation." State v. A.M., 237 N.J. 384, 397 (2019).

11
State v. Primgreen
ohioctapp · 1999 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025This court has held, A-0928-20 63 [i]n order to establish the need to invoke the exception, the State must generally demonstrate "(1) there was an objectively reasonable need to protect the police or the public; (2) from an immediate danger; (3) associated with a weapon; and that (4) the questions asked were related to that danger and reasonably necessary to secure public safety." [State v. Stephenson, 350 N.J. Super. 517, 525 (App. Div. 2002) (quoting State v. Prim, 730 N.E.2d 455, 463 (1999)).] The exception is not restricted to public places and may apply in private settings.

11
State v. Stasgreen
nj · 2012 · cited in 1 New Jersey opinions naming this issue, 2024–2024
2 sentences

2024A-3186-21 74 Under New Jersey law, "even silence that precedes the administration of Miranda warnings—if it is 'at or near' the time of a defendant's arrest—cannot be used for any purpose at trial." Id. at 57-58 (quoting State v. Elkwisni, 190 NJ. 169, 181 (2007)).

2024"Under federal law, the use for any purpose at trial of a defendant's silence after his arrest and the administration of Miranda warnings violates his or her privilege against self-incrimination and his or her right to due process." State v. Stas, 212 N.J. 37, 57 (2012).

11
State v. Browngreen
nj · 2007 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024"However, . . . pre-arrest silence that is not 'at or near' the time of arrest, when there is no government compulsion and the objective circumstances demonstrate that a reasonable person in a defendant's position would have acted differently, can be used to impeach that defendant's credibility with an appropriate limiting instruction." Id. at 58 (citing State v. Lawrence Brown, 190 N.J. 144, 158-59 (2007)).

11
State v. Mallozzigreen
njsuperctappdiv · 1991 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022The "'routine booking question' exception . . . exempts A-0537-19 26 from Miranda's coverage questions to secure the 'biographical data necessary to complete booking or pretrial services.'" Pennsylvania v. Muniz, 496 U.S. 582, 601 (1990); State v. Mallozzi, 246 N.J. Super. 509, 515 (App. Div. 1991).

11
Pennsylvania v. Munizgreen
scotus · 1990 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022The "'routine booking question' exception . . . exempts A-0537-19 26 from Miranda's coverage questions to secure the 'biographical data necessary to complete booking or pretrial services.'" Pennsylvania v. Muniz, 496 U.S. 582, 601 (1990); State v. Mallozzi, 246 N.J. Super. 509, 515 (App. Div. 1991).

11
State v. Beygreen
nj · 1988 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021See Bey, 112 N.J. at 68 n.13; Wright, 444 N.J.

11
State v. Terrell Hubbard (073539)green
nj · 2015 · cited in 1 New Jersey opinions naming this issue, 2021–2021
11
State v. Reedgreen
nj · 1993 · cited in 1 New Jersey opinions naming this issue, 2019–2019
11
State v. Belliardgreen
njsuperctappdiv · 2010 · cited in 1 New Jersey opinions naming this issue, 2018–2018
11
In Re ETCgreen
vt · 1982 · cited in 1 New Jersey opinions naming this issue, 2018–2018
11
Commonwealth v. Roanegreen
pa · 1974 · cited in 1 New Jersey opinions naming this issue, 2018–2018
11
Urban v. Haaggreen
ca2 · 2006 · cited in 1 New Jersey opinions naming this issue, 2012–2012
11
State v. Berubegreen
conn · 2001 · cited in 1 New Jersey opinions naming this issue, 2012–2012
11
State v. Elkwisnigreen
nj · 2007 · cited in 1 New Jersey opinions naming this issue, 2012–2012
11
Robert J. Smothers v. Gary R. McCaughtry Wardengreen
ca7 · 2005 · cited in 1 New Jersey opinions naming this issue, 2012–2012
11
Jenkins v. Andersongreen
scotus · 1980 · cited in 1 New Jersey opinions naming this issue, 2012–2012
11
Doyle v. Ohiogreen
scotus · 1976 · cited in 1 New Jersey opinions naming this issue, 2012–2012
11
State v. McCloskeygreen
nj · 1982 · cited in 1 New Jersey opinions naming this issue, 1997–1997
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Miranda v. Arizona green
scotus · 1966
2 sentences

2025Furthermore, "[i]f the individual states that he wants an attorney, the interrogation must cease until an attorney is present." Id. at 474 . [Clark, 251 N.J. at 291-92 (alterations and omissions in original).] "The administration of Miranda warnings ensures that a defendant's right against self-incrimination is protected in the inherently coercive atmosphere of custodial interrogation." State v. A.M., 237 N.J. 384, 397 (2019).

2021And the trial court recognized defendant's invocation of his right to counsel that ended the interview, concluding "defendant's rights were not violated and [his] statement was made with a valid waiver of those rights." law, [3] that he has the right to the presence of an attorney[] and [4] that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires. [Miranda, 384 U.S. at 479 .] A-2932-18 8 The administration of Miranda warnings does not obviate the need for our analysis of the statement's voluntariness, a legal issue requiring our independent r

111987–2026
State v. Galloway green
nj · 1993
2 sentences

2018Ibid.

2018Ibid.

42017–2018
New York v. Quarles green
scotus · 1984
2 sentences

2025Our Supreme Court adopted the public safety exception in State v. O'Neal, holding that the questioning of a suspect prior to the administration of Miranda warnings was acceptable when the situation presented an A-1624-22 59 "objectively reasonable need to protect the police or the public from any immediate danger associated" with a weapon. 190 N.J. 601, 618 (2007) (quoting Quarles, 467 U.S. at 659 n.8).

2025The New Jersey Supreme Court adopted the public safety exception in State v. O'Neal, 190 NJ. 601, 624 (2007) holding that the questioning of a suspect prior to the administration of Miranda warnings was acceptable when the situation presented an "objectively reasonable need to protect the police or the public from any immediate danger associated" with a weapon. 190 N.J. at 618 (quoting Quarles, 467 U.S. at 659 n.8).

32011–2025
Strickland v. Washington green
scotus · 1984
2 sentences

2020The definition of interrogation has been extended only to a police officer's words or actions that the officer "should know are reasonably likely to elicit an incriminating response from the suspect." [Ibid. (citation omitted) (quoting Innis, 466 U.S. at 301 ).] We agree with Judge DeAvila-Silebi that the detective's questioning prior to the administration of Miranda warnings "elicited general information from defendant that included his pedigree information, cell phone number, and other background information as it related to the victim and the victim's mother." Miranda warnings need not have

2020The definition of interrogation has been extended only to a police officer's words or actions that the officer "should know are reasonably likely to elicit an incriminating response from the suspect." [Ibid. (citation omitted) (quoting Innis, 466 U.S. at 301 ).] We agree with Judge DeAvila-Silebi that the detective's questioning prior to the administration of Miranda warnings "elicited general information from defendant that included his pedigree information, cell phone number, and other background information as it related to the victim and the victim's mother." Miranda warnings need not have

22020–2020
Berkemer v. McCarty green
scotus · 1984
2 sentences

1987This appeal presents us with the following issues: whether the Supreme Court’s decision in Berkemer v. McCarty, 468 U.S. 420 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984), requiring the administration of Miranda warnings in connection with arrests for minor traffic offenses, should be applied retroactively; whether a police officer’s request for a suspect to submit to a breathalyzer test constitutes “interrogation” within the meaning of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); and whether a defendant’s refusal to submit to a breathalyzer test may be used as evidence

1987This appeal presents us with the following issues: whether the Supreme Court’s decision in Berkemer v. McCarty, 468 U.S. 420 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984), requiring the administration of Miranda warnings in connection with arrests for minor traffic offenses, should be applied retroactively; whether a police officer’s request for a suspect to submit to a breathalyzer test constitutes “interrogation” within the meaning of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); and whether a defendant’s refusal to submit to a breathalyzer test may be used as evidence

21987–2019
State v. Melendez green
njsuperctappdiv · 2011
1 sentence

2025To establish the exception applies, the "State must generally demonstrate (1) there was an objectively reasonable need to protect the police or the public; (2) from an immediate danger; (3) associated with a weapon; and that (4) the questions asked were related to that danger and reasonably necessary to secure public safety." Melendez, 423 N.J. Super. at 24 (quoting State v. Stephenson, 350 N.J. Super. 517, 525 (App. Div. 2002)).

12025–2025
State v. Douglas green
njsuperctappdiv · 1985
1 sentence

2025Id. at ___ (slip op. at 5).

12025–2025
State v. Williams green
nj · 2007
1 sentence

2025The New Jersey Supreme Court adopted the public safety exception in State v. O'Neal, 190 NJ. 601, 624 (2007) holding that the questioning of a suspect prior to the administration of Miranda warnings was acceptable when the situation presented an "objectively reasonable need to protect the police or the public from any immediate danger associated" with a weapon. 190 N.J. at 618 (quoting Quarles, 467 U.S. at 659 n.8).

12025–2025
Stansbury v. California green
scotus · 1994
1 sentence

2021O'Neal, 190 N.J. at 616 (quoting Stansbury, 511 U.S. at 323 ).

12021–2021
State v. Ebert green
njsuperctappdiv · 2005
12019–2019
Minnesota v. Murphy green
scotus · 1984
12017–2017
State v. Deatore green
nj · 1976
12012–2012
State v. Muhammad green
nj · 2005
12012–2012
In the Matter of Fellows neutral
nj · 2007
12011–2011
Oregon v. Elstad green
scotus · 1985
11995–1995

Statutes the citing opinions construe

NJ § N.J. Stat. § 2A:84A-19 (19) NJ § N.J. Stat. § 2C:39-5 (12) NJ § N.J. Stat. § 2C:11-3 (10) NJ § N.J. Stat. § 2C:24-4 (10) NJ § N.J. Stat. § 2C:43-7.2 (10) NJ § N.J. Stat. § 2C:44-1 (10) NJ § N.J. Stat. § 2C:14-2 (9) NJ § N.J. Stat. § 2C:39-4 (8) NJ § N.J. Stat. § 2C:43-6.4 (6) NJ § N.J. Stat. § 2C:29-3 (5) NJ § N.J. Stat. § 2C:35-10 (5) NJ § N.J. Stat. § 2C:35-5 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 131 (1977–2026) NJ 45 (1987–2026) IL 18 (1986–2023) PA 17 (1985–2026) CA 16 (1990–2024) MA 14 (1989–2025) FL 12 (1990–2019) KS 10 (1995–2020) NC 6 (2009–2024) OH 6 (1992–2020) NH 5 (1990–2021) TX 5 (1999–2015) ID 5 (1991–2017) VA 5 (1990–2022) NM 5 (1987–2008) ME 5 (1989–2016) WA 4 (1988–2014) GA 4 (1999–2024) IN 4 (1985–2017) OR 4 (1989–2012) AK 3 (1985–2006) AR 3 (1991–2022) CT 3 (2012–2023) MI 3 (2016–2017) KY 2 (2014–2022) DC 2 (1988–2002) AL 2 (1987–1989) MO 2 (2002–2004) CO 2 (1982–1985) MD 2 (2002–2002) SC 2 (2010–2014) TN 2 (1992–2012) WI 2 (1996–1999) SD 2 (1988–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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