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Sunday, May 08, 2022

State v. O.D.A.-C. (085608) (Bergen County & Statewide) (A-78-20

 State v. O.D.A.-C. (085608) (Bergen County & Statewide) (A-78-20

Because a detective here repeatedly contradicted and minimized the significance of the Miranda warnings -- starting at the outset of the interrogation and continuing throughout -- the State cannot shoulder its heavy burden of proving defendant’s waiver was voluntary. The Appellate Division majority correctly concluded defendant’s statement had to be suppressed.