State of New Jersey, Plaintiff-Respondent v. John Robert Reed, Defendant-Appellant

Summary

The New Jersey Supreme Court held that police must inform a suspect when an attorney retained on the suspect's behalf is present or available; failure to do so invalidates the suspect's waiver of the privilege against self‑incrimination and renders the confession inadmissible. Accordingly, the Court affirmed the Appellate Division's reversal of the murder conviction (based on a faulty jury instruction) and reversed the conviction for aggravated criminal sexual contact, remanding for a new trial consistent with the new rule. Justice Clifford dissented, arguing that the confession was valid, while Justices Stein filed concurring opinions offering alternative rationales for the rule.