31 Cited authorities

Arizona v. Gant
556 U.S. 332 (2009) Cited 3,891 times 41 Legal Analyses
Holding that the Fourth Amendment does not permit officers to search every vehicle incident to arrest
Katz v. United States
389 U.S. 347 (1967) Cited 12,463 times 74 Legal Analyses
Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"
Chimel v. California
395 U.S. 752 (1969) Cited 5,661 times 24 Legal Analyses
Holding that, absent a search warrant, there is "no . . . justification" for searching an area not within a suspect's immediate control during an arrest
New York v. Belton
453 U.S. 454 (1981) Cited 3,125 times 33 Legal Analyses
Holding that when an officer has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the interior of that automobile
People v. Arnold
96 N.Y.2d 358 (N.Y. 2001) Cited 272 times 7 Legal Analyses
Holding a juror's participation in a group answer to questions posed to the entire venire to be insufficient to rehabilitate her
People v. Johnson
94 N.Y.2d 600 (N.Y. 2000) Cited 240 times 6 Legal Analyses
Argued February 23, 2000 Decided April 13, 2000. Appeal in the first above-entitled action, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that court, entered November 10, 1998. Appeal in the second above-entitled action, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that court, entered November 10, 1998. Appeal in the third above-entitled action
People v. Sierra
83 N.Y.2d 928 (N.Y. 1994) Cited 185 times 1 Legal Analyses
In Sierra, we found no reasonable suspicion to pursue a fleeing defendant where “the officers knew only that, after exiting from the back seat of a livery cab that had been stopped for defective brake lights, defendant grabbed at his waistband” (id. [emphasis added]).
People v. Batista
88 N.Y.2d 650 (N.Y. 1996) Cited 143 times 1 Legal Analyses
Defining a “frisk” as a “pat down of the outer clothing of a suspect”
People v. Harris
2012 N.Y. Slip Op. 6990 (N.Y. 2012) Cited 74 times
2012-10-18 The PEOPLE of the State of New York, Respondent, v. Calvin L. HARRIS, Appellant. Easton Thompson Kasperek Shiffrin LLP, Rochester (William T. Easton and Brian Shiffrin of counsel), for appellant. Gerald A. Keene, District Attorney, Owego, for respondent. PIGOTT Easton Thompson Kasperek Shiffrin LLP, Rochester (William T. Easton and Brian Shiffrin of counsel), for appellant. Gerald A. Keene, District Attorney, Owego, for respondent. OPINION OF THE COURT PIGOTT, J. Michele Harris, mother
People v. Gokey
60 N.Y.2d 309 (N.Y. 1983) Cited 163 times 1 Legal Analyses
Stating that under the New York Constitution, "a warrantless search incident to arrest [is] unreasonable unless justified by the presence of exigent circumstances"

The People, Respondent,v.Josefina Jimenez, Appellant.

31 Cited authorities

Holding that the Fourth Amendment does not permit officers to search every vehicle incident to arrest

Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"

Holding that, absent a search warrant, there is "no . . . justification" for searching an area not within a suspect's immediate control during an arrest

Holding that when an officer has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the interior of that automobile

Holding a juror's participation in a group answer to questions posed to the entire venire to be insufficient to rehabilitate her

In Sierra, we found no reasonable suspicion to pursue a fleeing defendant where “the officers knew only that, after exiting from the back seat of a livery cab that had been stopped for defective brake lights, defendant grabbed at his waistband” (id. [emphasis added]).

Defining a “frisk” as a “pat down of the outer clothing of a suspect”

Stating that under the New York Constitution, "a warrantless search incident to arrest [is] unreasonable unless justified by the presence of exigent circumstances"