NJ A4729

Unreliable statements made during custodial interrogations at police stations, places of detention, or while under medical detention are inadmissible at trial for serious crimes including murder, kidnapping, robbery, sexual assault, aggravated arson, burglary, and first/second degree drug offenses

Prosecutors must disclose to defendants any electronic recordings, documents about how statements were obtained, and evidence regarding reliability before trial; if statements were translated, accuracy evidence must also be provided

Defendants may file pre-trial motions to exclude statements as unreliable, and prosecutors bear the burden of proving reliability beyond a reasonable doubt

Courts must consider multiple factors when evaluating reliability: whether statement details match pre-interrogation evidence, whether new corroborable information was provided, whether crime facts were disclosed by police rather than originating from the defendant, any recantation, whether recording exists, and reasonableness of interrogation tactics including use of deception

Custodial interrogation is defined broadly, including school-based interrogations of juveniles, with a rebuttable presumption of custody when juveniles or intellectually disabled persons are questioned without a parent or guardian present