Legal Opinion
State v. Michael A. Maltese (073584)
Supreme Court of New Jersey
Decided August 17, 2015No. A-96-13PublishedCited by 43 opinions
1Opinion of the CourtJustice Solomon
In this appeal, we must determine whether defendant’s repeated requests to speak with a family member during interrogation was sufficient to invoke the right to remain silent and, if so, whether defendant’s subsequent statements and physical evidence recovered as a result of those statements should be suppressed.
We conclude that defendant, Michael Maltese, asserted his Fifth Amendment right to remain silent before any admissions were made. Because defendant’s surreptitiously recorded statement to his uncle occurred after officers violated defendant’s right to remain silent that statement is…
2Cases cited30 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Brown v. IllinoisSupreme Court of the United States · 1975
- Nix v. WilliamsSupreme Court of the United States · 1984
- Oregon v. ElstadSupreme Court of the United States · 1985
- Michigan v. MosleySupreme Court of the United States · 1975
25 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- State v. Kareem T. Tillery (079832) (Essex County and Statewide)Supreme Court of New Jersey · 2019
- State v. WintSupreme Court of New Jersey · 2018
- STATE OF NEW JERSEY VS. J.S.G. (13-12-1208, GLOUCESTER COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
- HOWELL ASSOCIATES, LLC VS. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF HOWELL(L-1368-14, MONMOUTH COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2017
- STATE OF NEW JERSEY VS. ANTHONY BURKHALTER (14-04-0437, MERCER COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2018
38 more not listed; retrieve them via the Exa API.