§Why CasetextPricing

The People, Respondent,v.Benjamin Jenkins, Appellant.

Brief

23 Cited authorities

  1. Coolidge v. New Hampshire

    403 U.S. 443 (1971)   Cited 7,811 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

  2. Maryland v. Buie

    494 U.S. 325 (1990)   Cited 2,350 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

  3. Warden v. Hayden

    387 U.S. 294 (1967)   Cited 2,676 times   11 Legal Analyses
    Holding that the Fourth Amendment allows a search for evidence when there is "probable cause ... to believe that the evidence sought will aid in a particular apprehension or conviction"

  4. United States v. Satterfield

    743 F.2d 827 (11th Cir. 1984)   Cited 257 times   1 Legal Analyses
    Holding that inclusion of co-defendant's statement did not violate Confrontation Clause since it did not specifically name the other defendants or describe them in such a manner that the jury would connect them to the statement

  5. People v. Mitchell

    39 N.Y.2d 173 (N.Y. 1976)   Cited 316 times   1 Legal Analyses
    Holding that when an entry is made pursuant to the emergency exception, the court should consider whether it was primarily motivated by the intent to arrest and seize evidence

  6. People v. Adams

    53 N.Y.2d 1 (N.Y. 1981)   Cited 220 times
    In Adams, we held that under the Fourth Amendment of the United States Constitution, if "the searching officers rely in good faith on the apparent capability of an individual to consent to a search and the circumstances reasonably indicate that that individual does, in fact, have the authority to consent, evidence obtained as the result of such a search should not be suppressed" (53 N.Y.2d at 9-10).

  7. U.S. v. Simmons

    661 F.3d 151 (2d Cir. 2011)   Cited 90 times   3 Legal Analyses
    Holding that although PSR identified only three individuals with particularity, sufficient facts permit conclusion that "[i]n aggregate" there were five participants

  8. U.S. v. Johnson

    22 F.3d 674 (6th Cir. 1994)   Cited 147 times   4 Legal Analyses
    Holding that although the discovery of a kidnap victim locked in an apartment provided exigency for entry, there was no exigency to search for and remove weapons from a closet once the victim was located

  9. People v. Molnar

    98 N.Y.2d 328 (N.Y. 2002)   Cited 114 times
    In People v. Molnar (98 N.Y.2d 328), the Court upheld a warrantless entry into an apartment, holding that "[d]efining an emergency with the rigidity defendant proposes may encourage police-so as to give their actions the appearance of an emergency — to break in prematurely * * * [T]he appropriately measured response of the police should not be declared illegal merely because they thoughtfully delayed entry for a relatively brief time" (People v. Molnar, supra at 334).

  10. People v. McBride

    2010 N.Y. Slip Op. 3473 (N.Y. 2010)   Cited 83 times
    In McBride, the Court identified some such factors relied on by other courts—ranging from whether the police have probable cause to believe a defendant is the perpetrator of the crime, to the likelihood that a defendant will escape if not swiftly apprehended.