State of New Jersey v. Gene Hinton (A-3/4-12; 070386)
Where, as here, an eviction proceeding has advanced to
the point that a warrant of removal has been executed,
a tenant does not have a reasonable expectation of
privacy in the premises. Therefore, the police action
in Hinton’s apartment was not a “search” under either
the Fourth Amendment of the United States Constitution
or Article I, Paragraph 7 of the New Jersey
Constitution. 10-24-13
Where, as here, an eviction proceeding has advanced to
the point that a warrant of removal has been executed,
a tenant does not have a reasonable expectation of
privacy in the premises. Therefore, the police action
in Hinton’s apartment was not a “search” under either
the Fourth Amendment of the United States Constitution
or Article I, Paragraph 7 of the New Jersey
Constitution. 10-24-13
