51 Cited authorities

Rakas v. Illinois
439 U.S. 128 (1978) Cited 6,374 times 27 Legal Analyses
Holding that the determinative question is "whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place"
Samson v. California
547 U.S. 843 (2006) Cited 1,343 times 21 Legal Analyses
Holding that a similarly worded condition imposed on all California parolees did not violate the Fourth Amendment, even without the reasonable suspicion restriction
Minnesota v. Carter
525 U.S. 83 (1998) Cited 1,652 times 10 Legal Analyses
Holding that a guest lacked a legitimate expectation of privacy in his host's apartment because there was nothing "similar to the overnight guest relationship in Olson to suggest a degree of acceptance into the household"
Maryland v. Buie
494 U.S. 325 (1990) Cited 2,346 times 20 Legal Analyses
Holding that, incident to arrest, an officer may conduct a limited protective sweep of those areas of a house in which he reasonably suspects a dangerous person may be hiding
United States v. Dixon
509 U.S. 688 (1993) Cited 1,996 times 5 Legal Analyses
Holding that the same-elements test inquires whether each offense contains an element not contained in the other; if not, they are the same offense and double jeopardy bars additional punishment and successive prosecution
Grady v. Corbin
495 U.S. 508 (1990) Cited 1,174 times
Holding that a subsequent prosecution must satisfy a "same-conduct" test to avoid the double jeopardy bar
Jones v. United States
362 U.S. 257 (1960) Cited 4,020 times 6 Legal Analyses
Holding Jones had standing to challenge a search of his friend's apartment when the friend gave him use of the apartment and a key
People v. Bigelow
66 N.Y.2d 417 (N.Y. 1985) Cited 854 times 1 Legal Analyses
Rejecting the "good-faith exception" to the warrant requirement
People v. Iannone
45 N.Y.2d 589 (N.Y. 1978) Cited 830 times 1 Legal Analyses
Holding that "the defendants in these two appeals have failed to preserve a question of law which this court may review and have waived their objections to the sufficiency of the factual allegations in the indictments by which they were brought before the courts"
People v. Laureano
87 N.Y.2d 640 (N.Y. 1996) Cited 345 times 1 Legal Analyses
Construing N.Y. Penal Law § 70.25
Section 265.03 - Criminal possession of a weapon in the second degree
N.Y. Penal Law § 265.03 Cited 2,530 times 2 Legal Analyses
Finding a person guilty of second degree criminal possession of a weapon when he or she "possesses any loaded firearm . . . [outside of a] person's home or place of business."
Section 70.25 - Concurrent and consecutive terms of imprisonment
N.Y. Penal Law § 70.25 Cited 1,659 times
Granting a sentencing court the power to specify that a term of imprisonment runs either concurrently or consecutively with respect to "any undischarged term of imprisonment imposed at a previous time"
Section 265.15 - Presumptions of possession, unlawful intent and defacement
N.Y. Penal Law § 265.15 Cited 453 times
1. The presence in any room, dwelling, structure or vehicle of any machine-gun is presumptive evidence of its unlawful possession by all persons occupying the place where such machine-gun is found. 2. The presence in any stolen vehicle of any weapon, instrument, appliance or substance specified in sections 265.01, 265.02, 265.03, 265.04 and 265.05 is presumptive evidence of its possession by all persons occupying such vehicle at the time such weapon, instrument, appliance or substance is found. 3

The People, Respondent,v.Joseph Harris, Appellant.

51 Cited authorities

Holding that the determinative question is "whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place"

Holding that a similarly worded condition imposed on all California parolees did not violate the Fourth Amendment, even without the reasonable suspicion restriction

Holding that a guest lacked a legitimate expectation of privacy in his host's apartment because there was nothing "similar to the overnight guest relationship in Olson to suggest a degree of acceptance into the household"

Holding that, incident to arrest, an officer may conduct a limited protective sweep of those areas of a house in which he reasonably suspects a dangerous person may be hiding

Holding that the same-elements test inquires whether each offense contains an element not contained in the other; if not, they are the same offense and double jeopardy bars additional punishment and successive prosecution

Holding that a subsequent prosecution must satisfy a "same-conduct" test to avoid the double jeopardy bar

Holding Jones had standing to challenge a search of his friend's apartment when the friend gave him use of the apartment and a key

Rejecting the "good-faith exception" to the warrant requirement

Holding that "the defendants in these two appeals have failed to preserve a question of law which this court may review and have waived their objections to the sufficiency of the factual allegations in the indictments by which they were brought before the courts"

Construing N.Y. Penal Law § 70.25

Finding a person guilty of second degree criminal possession of a weapon when he or she "possesses any loaded firearm . . . [outside of a] person's home or place of business."

Granting a sentencing court the power to specify that a term of imprisonment runs either concurrently or consecutively with respect to "any undischarged term of imprisonment imposed at a previous time"