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N.J.: Possessory interest sufficient to have standing

By John Wesley Hall, Jr.

A possessory interest is sufficient in New Jersey to challenge a search of a duffle bag that defendant was packing but admitted was not his. State v. Johnson, 2008 N.J. LEXIS 109 (February 26, 2008). Lexis overview: Police had a warrant to arrest a man for threatening his girlfriend with a gun. The man's father let them into his home; police arrested the suspect. They looked without success for the gun. Defendant, who was living there, put items in a duffel bag; an officer asked him if the items and bag were his; he said they were not. The officer opened the bag, found a handgun, and arrested defendant. The high court held that defendant had standing under New Jersey law to challenge the warrantless search of the bag and the fruits of the search had to be suppressed for failure to comply with the warrant requirements of N...continue to full post

Full post as published by Fourth Amendment on February 28, 2008 (boomark / email).