State of New Jersey, Plaintiff-Appellant v. Andre Johnson, A/K/A Andre Carter, Mazi Yazio and D. Madeo…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s suppression of a handgun seized from a duffel bag in a home, holding that the defendant retained standing to challenge the warrantless search despite his disclaimer of ownership, and that the police lacked exigent circumstances and therefore should have obtained a telephonic warrant. The Court also clarified that abandonment does not strip standing when the property is in a shared residence and the defendant has not voluntarily relinquished all possessory interest.