State v. Brown, A-113 September Term 2011; Supreme Court; opinion by Albin, J.; dissent by Patterson, J.; decided January 29, 2014. On appeal from the Appellate Division. [Sat below: Judges Carchman and Baxter in the Appellate Division.] DDS No. 14-1-2681 [55 pp.]
During daytime surveillance conducted on two nonconsecutive days, the New Jersey State Police observed drug activity operating from 820 Line Street, a dilapidated row house in Camden with the electric meter removed, one or more windows broken, the interior in disarray, the front door padlocked, and the back door off its hinges but propped closed from the inside. Troopers arrested defendants Derrick Brown, Leroy Carstarphen and Kareem Strong for dealing drugs. After securing a key from Strong to open the padlock, the police conducted a warrantless search of the house, seizing a gun, drugs, and drug paraphernalia. Defendants moved to suppress that evidence as the product of an unconstitutional search.
