STATE VS. RYAN L. HODGE
A-5961-10T1
In
this appeal, we granted leave to the State to consider the trial court's
interlocutory order suppressing a statement taken from defendant, a juvenile at
the time, shortly after his arrest for murder. Neither an attorney nor defendant's legal guardian were
present at the time the statement was taken. Nor had defendant had the opportunity to consult with an
attorney in advance of providing the statement. The motion judge accorded
pipeline
retroactivity to State in the Interest of P.M.P., 200 N.J. 166 (2009). We reverse and hold that P.M.P. is to
be applied prospectively.
P.M.P.
announced a new rule; its purpose is not furthered by retroactive application;
law enforcement officials, in good faith, have relied upon the old rule in
conducting custodial
interrogations
of juveniles; and retroactive application would have a significant impact upon
the administration of justice. 05-15-12
