State of New Jersey, Plaintiff-Appellant and Cross-Respondent v. Gene Hinton, Defendant-Respondent and Cross-Appellant

Summary

The Supreme Court of New Jersey held that, once a warrant of removal has been executed in an eviction proceeding, a defendant no longer has a constitutionally protected reasonable expectation of privacy in the premises, so the police entry did not constitute a search under the Fourth Amendment or the New Jersey Constitution. The Court reversed the Appellate Division’s judgment and remanded for further determination of the seizure’s constitutionality and the other unresolved issues.