Muni-Mail – No Standing to Suppress Abandoned Property – State v. Carvajal

[06/02/10 – 10:10 pm] This morning, the New Jersey Supreme Court re-affirmed a previous ruling to the effect that a person who abandons property will have no standing to bring a motion to suppress criminal evidence that is subsequently seized by the police from the property. In this morning’s case, captioned State v. Carvajal, the Court ruled once the State establishes by a preponderance of the evidence that the property in question has been abandoned by the defendant, the defendant no longer has standing to proceed with a motion to suppress evidence.

This limited exception to the so-called “automatic standing” rule for motions to suppress evidence in New Jersey was established two years ago in an opinion written by Justice Albin captioned State v. Johnson, 193 N.J. 528, 548-549 (2008). Today’s decision, also written by Justice Albin, provides the necessary procedural framework for challenges to standing based upon the abandonment exception.

Download a copy of State v. Carvajal.

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Category: Muni-Mail Archive