Opinion

State ex rel. T. L. O.

  • 185 N.J. Super. 279
  • 448 A.2d 493
  • 1982 N.J. Super. LEXIS 847
Court
New Jersey Superior Court Appellate Division
Filed
Jun 30, 1982
Status
Published
On the bench
Joelson
Cited by
2 cases
Authority
More cited than 92.6%

The opinion

PER CURIAM.

We affirm the denial of the motion to suppress the evidence produced by the search of the juvenile’s purse substantially for the reasons expressed by Judge Nicola in his opinion reported at 178 N.J.Super. 329 (J. & D.R.Ct.1980).

However, we find that neither the record nor the findings and conclusions of the trial judge are sufficient for us to determine the sufficiency of the Miranda waiver which was assertedly made by or on behalf of the juvenile immediately before her *281 resumed questioning by the police officer. We must therefore remand the matter to the trial court for further proceedings and findings and conclusions in light of the principles enunciated in Edwards v. Arizona, 451 U.S. 477 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981) and State v. Fussell, 174 N.J.Super. 14 (App.Div.1980).

The final adjudication of delinquency entered on January 7, 1982 is vacated and the matter is remanded for further proceedings consistent herewith. We do not retain jurisdiction.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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