STATE OF NEW JERSEY VS. A.M.
A-2090-13T2
Defendant pled guilty to second degree sexual assault,
N.J.S.A. 2C:14-2(c)(4), reserving his right to appeal the denial
of his motion to suppress the inculpatory statement. This court
reverses the trial court's order denying defendant's motion to
suppress his inculpatory statement. The evidence presented by the
State at the N.J.R.E. 104(c) hearing does not support the motion
judge's findings that the State satisfied "the heavy burden" of
proving, beyond a reasonable doubt, that defendant made a knowing,
intelligent, and voluntary decision to waive his constitutional
rights under Miranda. The motion judge's decision upholding the
methods used by the interrogating detectives improperly shifted
this burden of proof to defendant.
Judge Fuentes wrote a separate concurrence addressing the use of police officers as interpreters when interrogating a suspect who is limited English proficient.
