Feds & Penna Police Can Execute Pennsy Warrant in N.J. -St v. Aikens
In this morning’s Appellate Division holding in State v. Aikens, the Court ruled that members of the United States Marshals Service and their deputies may effect the arrest of wanted fugitives in New Jersey without the existence of a federal arrest warrant. In Aikens, the marshals, aided by deputized members of Pennsylvania law enforcement, located the defendant in New Jersey after she had escaped from custody in Pennsylvania. Without the aid of New Jersey law enforcement or a properly issued federal fugitive warrant, the marshals arrested the defendant inside a residence. While inside the residence, the officers located distribution amounts of controlled dangerous substances. The marshals thereafter arrested the fugitive and other people inside the residence.
The defendant filed a motion to suppress evidence, claiming that he and the others had been illegally arrested. The motion was granted by the motion court. However, the Appellate Division reversed this ruling and found that federal law authorized the marshals to arrest wanted fugitives from other states without the issuance of a formal federal fugitive warrant.
The Appellate Division also ruled that the State had been improperly denied its right to fully brief and argue its position by the motion judge.
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