NJ: Stashing drugs in another person’s drainpipe shows no REP

Defendant who hid drugs in the drainpipe of a neighbor’s house had no standing to challenge a search of the drainpipe. While evidence at the trial differed, this did not give the defendant the right to reopen the suppression hearing. Under state law, the suppression order was law of the case. State v. Wilson, 2015 N.J. Super. LEXIS 153 (September 10, 2015).

Plaintiffs and their children were awarded $3M for damages for taking the children in violation of the Fourth Amendment. The jury verdict was correctly set aside by the district court, however, because the instructions were defective and allowed the jury to include in damages a continued taking of the children even under a valid court order. Watson v. City of San Jose, 2015 U.S. App. LEXIS 15924 (9th Cir. September 8, 2015).*

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