People v. Pereira

Opinion

POLLAK, J.

The People appeal from the dismissal of charges against defendant Gilberto Perez Pereira following the granting of defendant’s motion to suppress evidence. The court suppressed evidence found as the result of a warrantless search of the contents of a package defendant mailed using a false name. The Attorney General contends that defendant’s use of a fictitious name forfeited any legitimate expectation of privacy and necessarily constituted an abandonment of the package. We conclude' that whether a person abandons property mailed under a fictitious name is á question of fact…