50 Cited authorities

Coolidge v. New Hampshire
403 U.S. 443 (1971) Cited 7,814 times 13 Legal Analyses
Holding that police who obtained evidence voluntarily from a suspect's wife did not need a search warrant because the officers exerted no effort to coerce or dominate her and were not obligated to refuse her offer to take the evidence
People v. Romero
2006 N.Y. Slip Op. 8640 (N.Y. 2006) Cited 4,926 times
No. 151. Argued October 18, 2006. Decided November 21, 2006. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 11, 2005. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Leslie Crocker Snyder, J.), which had convicted defendant, upon a jury verdict, of two counts of murder in the second degree. People v. Romero, 22 AD3d 287, affirmed. Center
Colorado v. Bertine
479 U.S. 367 (1987) Cited 1,843 times 13 Legal Analyses
Holding that the decision to seize need be "on the basis of something other than suspicion of evidence of criminal activity"
People v. Bleakley
69 N.Y.2d 490 (N.Y. 1987) Cited 11,300 times 3 Legal Analyses
Holding that the Appellate Division committed reversible error when it "avoid[ed] its exclusive statutory authority to review the weight of the evidence in criminal cases"
United States v. James Daniel Good Real Property
510 U.S. 43 (1993) Cited 1,041 times 8 Legal Analyses
Holding that the government's continued retention of property after seizure must comply with the Due Process Clause
United States v. Chadwick
433 U.S. 1 (1977) Cited 1,948 times 8 Legal Analyses
Holding that evidence obtained from search conducted ninety minutes after arrest must be suppressed because "no exigency" justified the search as incident to the arrest
Florida v. Wells
495 U.S. 1 (1990) Cited 1,041 times 7 Legal Analyses
Holding that the inventory "search was not sufficiently regulated to satisfy the Fourth Amendment" because "the Florida Highway Patrol had no policy whatever with respect to the opening of closed containers encountered during an inventory search"
Illinois v. Lafayette
462 U.S. 640 (1983) Cited 1,074 times 8 Legal Analyses
Holding that a warrantless search of an arrestee's person and effects incident to booking the arrestee is reasonable when it is "part of the routine procedure incident to incarcerating an arrested person"
People v. Crimmins
36 N.Y.2d 230 (N.Y. 1975) Cited 5,688 times 5 Legal Analyses
Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
People v. Galloway
54 N.Y.2d 396 (N.Y. 1981) Cited 1,426 times
Agreeing that reversal of a conviction "'is properly shunned when the [prosecutorial] misconduct has not substantially prejudiced a defendant's trial'"

The People, Respondent,v.Kenneth Padilla, Appellant.

50 Cited authorities

Holding that police who obtained evidence voluntarily from a suspect's wife did not need a search warrant because the officers exerted no effort to coerce or dominate her and were not obligated to refuse her offer to take the evidence

Holding that the decision to seize need be "on the basis of something other than suspicion of evidence of criminal activity"

Holding that the Appellate Division committed reversible error when it "avoid[ed] its exclusive statutory authority to review the weight of the evidence in criminal cases"

Holding that the government's continued retention of property after seizure must comply with the Due Process Clause

Holding that evidence obtained from search conducted ninety minutes after arrest must be suppressed because "no exigency" justified the search as incident to the arrest

Holding that the inventory "search was not sufficiently regulated to satisfy the Fourth Amendment" because "the Florida Highway Patrol had no policy whatever with respect to the opening of closed containers encountered during an inventory search"

Holding that a warrantless search of an arrestee's person and effects incident to booking the arrestee is reasonable when it is "part of the routine procedure incident to incarcerating an arrested person"

Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"

Agreeing that reversal of a conviction "'is properly shunned when the [prosecutorial] misconduct has not substantially prejudiced a defendant's trial'"