12 Cited authorities

Florida v. Jimeno
500 U.S. 248 (1991) Cited 2,462 times 12 Legal Analyses
Holding that consent to search a car included consent to open and search a paper bag hidden beneath a seat but noting that "[i]t is very likely unreasonable to think that a suspect, by consenting to the search of his trunk, has agreed to the breaking open of a locked briefcase within the trunk"
People v. Gonzalez
39 N.Y.2d 122 (N.Y. 1976) Cited 442 times 2 Legal Analyses
In People v. Gonzalez (39 NY2d 122, supra), the Court of Appeals set forth several factors to be considered in determining the voluntariness of an apparent consent, to wit; 1) whether the consenter was in custody or under arrest; 2) whether the consenter was confronted by a large number of police agents; 3) the background of the consenter; 4) whether the consenter had been evasive or uncooperative, and 5) whether the consenter was advised of his/her right to refuse.
People v. Malinsky
15 N.Y.2d 86 (N.Y. 1965) Cited 412 times
In People v. Malinsky, 15 N.Y.2d 86 (1965), the Court of Appeals extended Rosario to require production of a police officer's notes prior to testimony at a suppression hearing.
People v. Whitehurst
25 N.Y.2d 389 (N.Y. 1969) Cited 246 times 1 Legal Analyses
In People v Whitehurst (25 N.Y.2d 389) a police officer, known to and recognized by a defendant whom he had previously arrested, asked, as though officially authorized so to do, the bald question, "What have you got this time?"
People v. Brown
234 A.D.2d 211 (N.Y. App. Div. 1996) Cited 28 times
December 31, 1996. Judgment, Supreme Court, New York County (Frederic Berman, J., at suppression hearing; Bonnie Wittner, J., at jury trial), rendered January 18, 1994, convicting defendant of attempted murder in the second degree, and sentencing him to a term of from 6 to 18 years, is affirmed. Before: Kupferman, Nardelli and Tom, JJ. Testimony educed at the suppression hearing and at trial reveals that on December 21, 1992, defendant Dwight Brown approached Armando Alequin for the purpose of buying
People v. Caldwell
221 A.D.2d 972 (N.Y. App. Div. 1995) Cited 28 times
November 15, 1995 Appeal from the Onondaga County Court, Mulroy, J. Present — Lawton, J.P., Fallon, Callahan, Davis and Boehm, JJ. Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in denying his motion to suppress evidence on the ground that he did not voluntarily consent to be searched by the police. We disagree. The People bear the heavy burden of establishing, from the totality of the circumstances, that a consent to search was freely and voluntarily given
People v. Edwards
46 A.D.3d 698 (N.Y. App. Div. 2007) Cited 13 times
Affirming the hearing court's determination that petitioner voluntarily consented to the search of his residence
People v. Dobson
285 A.D.2d 737 (N.Y. App. Div. 2001) Cited 13 times
Decided and Entered: July 12, 2001. Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered June 14, 1999, upon a verdict convicting defendant of the crimes of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree and assault in the third degree. Michael P. Graven, Owego, for appellant. Gerald F. Mollen, District Attorney (Michael A. Korchak of counsel), Binghamton, for respondent. Before: Cardona, P.J., Mercure, Crew
People v. London
124 A.D.2d 254 (N.Y. App. Div. 1986) Cited 24 times
October 9, 1986 Appeal from the County Court of Ulster County (Vogt, J.). Mahoney, P.J. On March 8, 1983, Peter Ferraro, with his girlfriend, Abby Citron, and another friend, Denise Ruzzo, went to a restaurant in the City of Kingston, Ulster County, for dinner. At approximately 10:00 P.M., a black male wearing a three-quarter length tan coat entered the restaurant, approached Ferraro's table, took a sawed-off shotgun from under his coat and shot Ferraro in the chest. The assailant left the restaurant
People v. Mitchell
211 A.D.2d 553 (N.Y. App. Div. 1995) Cited 13 times
In Mitchell, the officer asked a defendant if he could “look through” the car, and the defendant responded, “[Y]ou can look through anything you want. It's not my car” (at 553 [internal quotation marks omitted]).

The People, Respondent,v.Darrion B. Freeman, Appellant.

12 Cited authorities

Holding that consent to search a car included consent to open and search a paper bag hidden beneath a seat but noting that "[i]t is very likely unreasonable to think that a suspect, by consenting to the search of his trunk, has agreed to the breaking open of a locked briefcase within the trunk"

In People v. Malinsky, 15 N.Y.2d 86 (1965), the Court of Appeals extended Rosario to require production of a police officer's notes prior to testimony at a suppression hearing.

In People v Whitehurst (25 N.Y.2d 389) a police officer, known to and recognized by a defendant whom he had previously arrested, asked, as though officially authorized so to do, the bald question, "What have you got this time?"

Affirming the hearing court's determination that petitioner voluntarily consented to the search of his residence

In Mitchell, the officer asked a defendant if he could “look through” the car, and the defendant responded, “[Y]ou can look through anything you want. It's not my car” (at 553 [internal quotation marks omitted]).