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STATE v. JOHNSON

940 A.2d 1185 (2008)

193 N.J. 528

STATE of New Jersey, Plaintiff-Appellant, v. Andre JOHNSON, a/k/a Andre Carter, Mazi Yazio and D. Madeo, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 26, 2008.

Attorney(s) appearing for the Case

Mary E. MeAnally, Deputy Attorney General, argued the cause for appellant (Anne Milgram, Attorney General of New Jersey, attorney).

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Justice ALBIN delivered the opinion of the Court.

The Fourth Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution accord the highest degree of protection to privacy interests within the home. In this appeal, we must determine the validity of a warrantless search by police of a duffel bag within a home. The primary issue is whether, under the New Jersey Constitution, defendant had standing to object to the search of...

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