New Jersey v. Hummel

On December 5, 2010, Thomas Carbin was stabbed to death. The Gloucester County Prosecutor’s Office began interviewing individuals to obtain information about Carbin and learned that defendant Lori Hummel was in Carbin’s “circle of acquaintances.” Investigator Krohn discovered that defendant had two outstanding traffic bench warrants. Investigator Krohn advised defendant that he was going to bring her to the police station for the traffic warrants but assured her that she would be released on her own recognizance. Detectives began asking defendant substantive questions without advising her of her Miranda rights. Defendant resisted answering any more questions, stating she thought she wanted to get a lawyer. Detectives thereafter notified defendant she had an outstanding warrant. Defendant asked several times whether she could make a phone call to her lawyer. One detective took defendant’s purse from the table, and defendant stated that she did not like that he had her pocketbook. Defendant was then notified she was “in custody,” at that point, detectives began taking everything out of defendant’s purse and placing each item on the table in the interrogation room. Police arrested defendant three days later; a Grand Jury ultimately returned an indictment, charging defendant with first-degree murder; first-degree felony murder; first-degree robbery; third-degree possession of a weapon for an unlawful purpose; and fourth-degree possession of a weapon for an unlawful purpose. Later, third-degree conspiracy to distribute a controlled dangerous substance (CDS) was added to defendant’s list of charges. Defendant waived her right to an indictment in exchange for the State amending her first-degree murder charge to first-degree aggravated manslaughter. The indictment and accusation were then consolidated for disposition. Defendant moved to suppress her statements to police and the physical evidence obtained during her 2010 interrogation. After review, the New Jersey Supreme Court found no valid inventory search, affirming the Appellate Division’s determination that the evidence seized during the search should have been suppressed. The Court remanded to permit defendant to withdraw her guilty plea and continue at the trial court level or, in the alternative, to proceed before a PCR court on other issues she has preserved. View "New Jersey v. Hummel" on Justia Law