People v. Jose

The majority today ignores the principle that the findings of a judicial fact finder are entitled to great deference, rejects the “law of the case” doctrine and ignores the stated purpose of the exclusionary rule. I would reverse defendant’s conviction and dismiss the indictment. Defendant was entitled to a reasonable expectation of privacy in the apartment that the police unlawfully entered and searched, and thus had standing to contest that illegal police conduct.

The hearing established the illegality of the police conduct in entering the apartment and that the defendant had a key to the…