AG Modifications To CJ Reform Policies: Part 17

The following section of the Attorney General’s Directive was amended to delete any reference to incorporating the Preliminary Law Enforcement Incident Report, known as the “PLEIR”, into the Affidavit of Probable Cause. The likely reason for this amendment would be out of concern for making a false statement in an affidavit that would subject the affiant to a false swearing or perjury charge.

5. AFFIDAVITS OF PROBABLE CAUSE AND PRELIMINARY LAW ENFORCEMENT INCIDENT REPORTS PREPARED AT TIME OF ARREST

5.1 Form and Substance of Affidavit of Probable Cause 5.1.1 Electronic Submission of Affidavit of Probable Cause. The Division of Criminal Justice shall work with the AOC to develop and implement practices and procedures that allow an Affidavit of Probable Cause to be filed electronically through the eCDR system to support an application for a complaint-warrant and to supplement any oral statements made under oath by the law enforcement officer applying for the complaint warrant. The Affidavit of Probable Cause shall include a check-box allowing the officer to certify that the statements in the Affidavit are true, and acknowledging that the affiant is aware that filing willfully false statements would subject him or her to punishment. The Affidavit of Probable Cause shall include a concise description of relevant facts and circumstances that support probable cause to believe that the offenses) was committed and that the defendant is the one who committed it. The Affidavit shall include a concise statement as to the officer’s basis for believing that the defendant committed the offenses) (e.g., the officer’s personal observations, statements of eyewitnesses, defendant’s admission, etc.), and shall indicate whether a victim was injured and, if so, the extent of the injury known to the officer submitting the Affidavit. The foregoing description of relevant facts and circumstances and statement as to the officer’s basis for believing that probable cause exists may be established, or supplemented, by a Preliminary Law Enforcement Incident Report prepared pursuant to Section 5.2. See also R. 3:4-2(c)(1)(A). In that event, the Preliminary Law Enforcement Incident Report shall be appended to/transmitted with the Affidavit of Probable Cause.