STATE OF NEW JERSEY VS. DAMMEN D. MCDUFFIE/
STATE OF NEW JERSEY VS. HAKEEM A. CHANCE
A-1344-14T2/A-3634-14T3(CONSOLIDATED)
We examine defendants' attack on the State's exercised
privilege, refraining from disclosing information regarding
details related to a global positioning system (GPS) tracking
device used to prove their involvement in two burglaries. We
rejected defendants' constitutional attacks and upheld the
privilege granted by N.J.R.E. 516 and N.J.S.A. 2A:84A-28,
defining the guidelines reviewed when weighing disclosure in
light of the asserted privilege. These include: (1) whether
defendant demonstrates a particularized need for disclosure
related to advance a stated defense; (2) whether the opportunity
to cross-examine the officer, asserting non-disclosure based on
privilege, satisfies a defendant's need to challenge the
credibility of the testifying witness; (3) whether law
enforcement provided required corroborating evidence extrinsic
to the GPS, to protect a defendant's rights of confrontation and
fair trial; and (4) whether a defendant has the opportunity to
provide expert testimony to attack the evidence without
disclosure of the requested information.
