State v. Tysen R. Privott (A-7-09)

State v. Tysen R. Privott (A-7-09) 6-29-10

Based on the totality of the circumstances, there were
specific and particularized reasons for the officer to
conduct an investigatory stop and to frisk defendant
Tysen R. Privott. However, the officer’s conduct in
lifting defendant’s shirt exceeded the scope of a
reasonable intrusion that is permitted as part of a
Terry stop.

State v. Pablo Carvajal (A-5-09)

State v. Pablo Carvajal (A-5-09) 6-2-10

The State satisfied its burden of proving by a
preponderance of the evidence that the duffel bag was
abandoned. Carvajal denied having any ownership or
possessory interest in the bag, and the police
attempted to identify other potential owners.
Carvajal therefore had no standing to challenge the
warrantless search of the bag.