In State v. W.B., the New Jersey Supreme Court has finally put law enforcement on notice that they now have to perverse and hand over to defense attorneys their original notes.
For to long law enforcement was able to simply either intentionally or negligent change the contents of the final typed police report from the original report without defense counsel having anyway of ascertaining what changes if any were made, or whether the final typed police report was an accurate rendition of the original notes.
As stated by the Court, “the time has come to join other states that require the imposition of an ‘appropriate sanction’ whenever an officer’s written notes are not preserved.”
Now if the notes are destroyed the defendant is entitled to an adverse inference jury charge going to the credibility of the testifying police officer.
Hopefully, this small change will now aid defendants in defending themselves, and level the playing field in the defense attorney’s cross-examination of the officer.
Law Office of Vincent J. Sanzone, Jr.
A New Jersey Criminal Defense Attorney who will vigorously and competently fight for you in a criminal court in Union, Hudson, Essex, Bergen, Middlesex, Monmouth, Ocean, Burlington, Mercer, Hunterdon, Warren, Morris, Cumberland counties.
Vincent J. Sanzone, Jr., Esq.
P.O. Box 261
277 North Broad Street
Elizabeth, N.J. 07207
(908) 354-7006
YourCivilRights@gmail.com
