Two More Suppression of Evidence Cases for the Supreme Court

The Supreme Court announced today that it has granted leave to appeal in two criminal cases, each of which addresses the suppression of evidence. In State v. Atwood, the question presented, as phrased by the Supreme Court Clerk’s Office, is “Was the seized evidence properly suppressed based on defendant’s challenge to police conduct occurring prior to the issuance of the warrant?”

In State v. Zalcberg, the question presented is “In this DWI matter, is defendant entitled to the suppression of blood evidence obtained without a warrant?” In that case, the Law Division suppressed the evidence and the Appellate Division affirmed. The Supreme Court granted the State’s motion for leave to appeal.