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STATE v. NYHAMMER

A-85 September Term 2007

963 A.2d 316 (2009)

197 N.J. 383

STATE of New Jersey, Plaintiff-Appellant, v. John L. NYHAMMER, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 3, 2009.

Attorney(s) appearing for the Case

Jeanne Screen, Deputy Attorney General, argued the cause for appellant (Anne Milgram, Attorney General of New Jersey, attorney).

Sylvia M. Orenstein, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Lawrence S. Lustberg and Jennifer Mara, Newark, submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey (Gibbons, attorneys).

Justice ALBIN delivered the opinion of the Court.

In this appeal, we first must determine whether the Fifth Amendment or our state-law privilege against self-incrimination compels the suppression of a statement by a person, who has voluntarily chosen to speak to the police after being fully advised of his Miranda rights,1 solely because the police did not inform him that he was a suspect. The trial court ruled that, based on the...

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