State v. Gibson

The opinion of the court was delivered by

OSTRER, J.A.D.

This appeal presents the issue whether a court, sitting as fact-finder in a quasi-criminal matter, may without defendant’s consent, rely upon the evidence heard in a pre-trial suppression hearing as proof of guilt in the trial on the merits. We hold it may not and therefore reverse defendant’s conviction for driving while under the influence (DUI), N.J.S.A. 39:4-50, which was entered solely on the basis of evidence elicited at a pre-trial hearing to suppress the fruits of the stop and subsequent arrest.

I

Defendant Bruno Gibson asserted the…