§Why CasetextPricing

The People, Respondent,v.Gregory Lee, Appellant.

Brief

25 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. Wong Sun v. United States

    371 U.S. 471 (1963)   Cited 12,232 times   24 Legal Analyses
    Holding evidence stemming from Fourth Amendment violations must be excluded from trial as fruit of the poisonous tree

  3. United States v. Ross

    456 U.S. 798 (1982)   Cited 4,140 times   24 Legal Analyses
    Holding that search under the automobile exception extends only to areas "that may conceal the object of the search"

  4. Colorado v. Bertine

    479 U.S. 367 (1987)   Cited 1,839 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"

  5. California v. Acevedo

    500 U.S. 565 (1991)   Cited 1,528 times   9 Legal Analyses
    Holding the Fourth Amendment does not preclude a warrantless search of a container in an automobile where there is probable cause to believe that it contains contraband

  6. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,269 times   6 Legal Analyses
    In People v. LaPene, 352 N.E.2d 562 (N.Y. 1976), the New York Court of Appeals laid out a sliding scale of justifiable police intrusion, short of probable cause to arrest, which specified three distinct levels of intrusion correlating the allowable intensity of police conduct to the nature and weight of the facts precipitating the intrusion.

  7. People v. Concepcion

    2011 N.Y. Slip Op. 5110 (N.Y. 2011)   Cited 224 times
    Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

  8. People v. Belton

    55 N.Y.2d 49 (N.Y. 1982)   Cited 339 times   1 Legal Analyses
    Finding greater protection under state constitution despite similar wording of relevant federal and state search and seizure provision

  9. Commonwealth v. Cruz

    459 Mass. 459 (Mass. 2011)   Cited 133 times   2 Legal Analyses
    In Commonwealth v. Cruz, 459 Mass. 459, 472 (2011), The Supreme Judicial Court of Massachusetts, the highest court of the state, held that, in light of the 2009 law decriminalizing possession of one ounce or less of marijuana, "the odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity."

  10. U.S. v. Duguay

    93 F.3d 346 (7th Cir. 1996)   Cited 176 times   3 Legal Analyses
    Holding impoundment unconstitutional when another occupant of the vehicle was present at the arrest and could "provide for the speedy and efficient removal of the car from public thoroughfares or parking lots"

  11. Section 470.15 - Determination of appeals by intermediate appellate courts; scope of review

    N.Y. Crim. Proc. Law § 470.15   Cited 16,036 times
    Providing for interests of justice review of unpreserved claims

  12. Section 221.05 - [Repealed]

    N.Y. Penal Law § 221.05   Cited 302 times
    Making it a crime for a person to knowingly and unlawfully possess marijuana

  13. Section 221.10 - [Repealed]

    N.Y. Penal Law § 221.10   Cited 182 times
    Defining criminal unlawful possession of marijuana in the fifth degree as a class B misdemeanor