State v. Green

Amicus brief addressing applicability of the requirement that police record details of identification procedure to electronic databases.

As a friend-of-the-court, the ACLU-NJ, the Innocence Project and the Innocence Network argued that when law enforcement utilizes databases that house electronic mugshots, it must adequately record the identification procedures. The brief, authored by Gibbons P.C., argues that the plain language of R. 3:11, and also the history, science, and policy that underlie New Jersey’s robust case law addressing eyewitness identification, support such a requirement. Additionally, because of the grave risk of misidentification, the brief contends that suppression is the proper remedy where law enforcement fails to preserve photos from an array constructed using the database.