State v. Johnson

The opinion of the Court was delivered by

Sullivan, J.

This is a search and seizure case wherein defendant, who has been indicted for possession of narcotics and possession with intent to distribute, moved to suppress evidence found by the police during the search of an apartment where defendant kept some personal belongings. The State sought to justify the search on the basis of consent.1 The trial judge granted the motion. The Appellate Division reversed and remanded the matter for redetermination on the record already made on the ground that the trial judge had applied improper standards in…