NJ: SW for house didn’t authorize search of car parked 5-6 doors away

Search warrant didn’t authorize search of a car 5-6 houses away from the place being searched under the warrant. State v. Bivins, 2014 N.J. Super. LEXIS 67 (May 13, 2014):

In this appeal, we consider whether the scope of the permissible area and persons to be searched, pursuant to a search warrant, extends to the location where defendant Chad Bivins and his co-defendant Sayid Jordan were found, seated in a Pontiac, parked five or six houses away from the premises where a search warrant was being executed. The motion judge denied the motion to suppress the evidence seized following the search of the two men, finding that Bivins’s and Jordan’s removal from the vehicle and the contemporaneous search of the two men were actions within the scope of the warrant being executed. Based upon our review of the record in light of Bailey v. United States, __ U.S. __, 133 S. Ct. 1031, 185 L. Ed. 2d 19 (2013), a decision rendered after the trial court denied the motion, we now reverse.