STATE v. HINTON

A-3/4 September Term 2012, 070386

78 A.3d 553 (2013)

216 N.J. 211

STATE of New Jersey, Plaintiff-Appellant and Cross-Respondent, v. Gene HINTON, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Decided October 24, 2013.


Attorney(s) appearing for the Case

Emily R. Anderson , Deputy Attorney General argued the cause for appellant ( Jeffrey S. Chiesa , Attorney General of New Jersey, attorney).

Matthew Astore , Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney; Mr. Astore and Anthony J. Cariddi , Designated Counsel, on the briefs).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey Foundation ( Edward L. Barocas , Legal Director, attorney).


Justice PATTERSON delivered the opinion of the Court.

In this appeal, the Court determines whether, after a court officer executed a warrant of removal that had been issued in an eviction proceeding, defendant Gene Hinton had a constitutionally protected reasonable expectation of privacy in the apartment he had previously shared with his mother.

In March 2009, defendant's mother, the legal tenant of the apartment, died. On a date not revealed in the record...

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