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Cherry Hill, NJ 08002
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New Jersey Criminal Lawyer - Appellate Opinions
State v.
Carvajal, 202 N.J. 214 (2010)
For standing purposes,
property is abandoned when a person, who has control or dominion
over property, knowingly and voluntarily relinquishes any possessory
or ownership interest in the property and when there are no other
apparent or known owners of the property. We determined that this
definition of abandonment “provides the strongest guarantee that the
police will not unconstitutionally search or seize property, which
has multiple apparent owners, merely because one person has
disclaimed a possessory or ownership interest in that property.
The State
bears the burden of proving “by a preponderance of the evidence that
the defendant abandoned the property and therefore has no standing
to object to the search.
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