Muni-mail – TOP SECRET! – No Inspection of Police Station in DWI Cases – State v. Carrero

10/23/12 – 1:55 pm – This morning, in a case captioned State v. Carrero, the Appellate Division of Superior Court ruled that a defendant in a DWI case does not have an unqualified right under Rule 7:7-7 to inspect and photograph the room at the police station where his Alcotest examination was administered. The Court went on to hold that in order to conduct such an inspection, the defendant must first demonstrate that the proposed inspection is both reasonable and relevant to a material issue in his prosecution as opposed to being merely speculative. Given the competing concerns related to police security, the panel found that the issues of relevance and reasonableness had not been proved in the two DWI cases under review.

To link to a copy of State v. Carrero, click on:

http://www.judiciary.state.nj.us/opinions/a3232-a4319-11.pdf

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