On Feb. 4, 2021, in a case of first impression, the court held that Miranda v. Arizona, 384 U.S. 436 (1966), applies to "an interrogee who was arrested and questioned prior to any charges being filed, where the arrest was based upon information developed through an earlier police investigation." State v. Sims, 466 N.J. Super. 346 (App. Div. 2021). For this reason, the court reversed the denial of defendant's motion to suppress defendant's statement, as well as his conviction of attempted murder.

Following an April 9, 2014, shooting in Red Bank, the victim, who survived 12 shots, told his grandmother that Sims shot him. The victim also identified a photo of defendant as the shooter, gave a description of defendant, and said that A.M. was Sims' girlfriend.

On April 14. 2014, Sims was arrested. When Sims asked why he was being arrested, the officer responded they would "get into details" when they got to police headquarters. But they never did. Prior to Sims signing the Miranda form and giving a statement, he was not told of the potential attempted murder charge because "at this point in time, no specific charges had been filed against defendant, but he had been placed under arrest."