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.
Link to State v. Aikens:
http://www.judiciary.state.nj.us/opinions/a2281-07.pdf
