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Criminal Law

: Fourth Amendment

NJ's automatic standing rule does not apply to abandonment

By John Wesley Hall, Jr.

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While New Jersey recognizes automatic standing, not so with abandonment. Here, police had CI information that defendant was coming on a bus with drugs. The police met the bus in Union City and the passengers got off. They approached defendant to talk and he said that he had no luggage. On the bus remained one bag which was searched, and defendant clearly abandoned the bag. Stuff inside can be identified to him. State v. Carvajal, 2010 N.J. LEXIS 502 (June 2, 2010).* The fact the police chief personally knew the CI since both were children enabled the chief to give the CI more credibility, and it was corroborated. The stop was based on reasonable suspicion. State v. Crowell, 2010 N.C. App. LEXIS 940 (June 1, 2010).*

Full post as published by Fourth Amendment on June 06, 2010 (boomark / email).

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