{"id":32284,"date":"2018-03-20T05:29:53","date_gmt":"2018-03-20T10:29:53","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32284"},"modified":"2018-03-20T14:31:06","modified_gmt":"2018-03-20T19:31:06","slug":"nj-police-break-in-into-apartment-building-common-hallway-violated-rep","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32284","title":{"rendered":"NJ: Police break-in into apartment building common hallway violated REP"},"content":{"rendered":"

In 2010, police broke into the outer door of a two unit apartment building and looked in defendant\u2019s open door. By then, the state courts had already held there was a reasonable expectation of privacy in the common hallway of such a building. To compound the state\u2019s problems with this entry, the officer deliberately omitted that he broke in from his original police reports. During preparation for the hearing he admitted it, and he supplemented the report. The state attempts to get around this by arguing no reasonable expectation of privacy in the place searched, but that\u2019s foreclosed by prior case law. The entry has to be suppressed and the trial court is reversed. State v. Sencion<\/a>, 2018 N.J. Super. LEXIS 42 (Mar. 16, 2018).<\/p>\n

Defendant was convicted in a state drug RICO case. There was a wiretap on a codefendant\u2019s telephone, and defendant had no standing to challenge telephone calls on somebody else\u2019s phone that he didn\u2019t participate in. Bourassa v. State<\/a>, 2018 Ga. App. LEXIS 199 (Mar. 15, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"

In 2010, police broke into the outer door of a two unit apartment building and looked in defendant\u2019s open door. By then, the state courts had already held there was a reasonable expectation of privacy in the common hallway of … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19,18,34],"tags":[],"class_list":["post-32284","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-reasonable-expectation-of-privacy","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32284","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=32284"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32284\/revisions"}],"predecessor-version":[{"id":32293,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32284\/revisions\/32293"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32284"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32284"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32284"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}