STATE OF NEW JERSEY VS. JEROME L. FAUCETTE
A-6123-11T3
In reviewing the Law Division's order denying defendant's motion to suppress his custodial statement, we consider not only whether defendant's statement was voluntarily and knowingly made, but also whether the fourteen-day break-in-custody period following a defendant's invocation of the right to counsel, announced in Maryland v. Shatzer, 559 U.S. 98, 130 S. Ct. 1213, 175 L. Ed. 2d 1045 (2010), and applied by our Supreme Court in State v. Wessells, 209 N.J. 395 (2012), must also be applied when a defendant invokes the right to remain silent. In Shatzer, the United States Supreme Court specifically recognized an enhanced protective period must follow a break in custody caused by a suspect's invocation of the right to counsel. We conclude such an extensive period of protection need not accompany a break in custody caused by a defendant's request to cease the interrogation. 01/15/15
