25 Cited authorities

  1. Coolidge v. New Hampshire

    403 U.S. 443 (1971)   Cited 7,288 times   13 Legal Analyses
    Holding that "a search or seizure carried out on a suspect's premises without a warrant is per se unreasonable, unless the police can show that it falls within one of a carefully defined set of exceptions based on the presence of exigent circumstances"
  2. Wong Sun v. United States

    371 U.S. 471 (1963)   Cited 11,274 times   24 Legal Analyses
    Holding that evidence was inadmissible because it was obtained by exploiting "illegal actions of the police
  3. United States v. Ross

    456 U.S. 798 (1982)   Cited 3,541 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 1,541 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 1,239 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 2,062 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 168 times

    17 N.Y.3d 192 953 N.E.2d 779, 929 N.Y.S.2d 541 The PEOPLE of the State of New York, Respondent, v. Reynaldo CONCEPCION, Appellant. No. 2011-05110 Court of Appeals of New York. June 14, 2011 Appellate Advocates, New York City (John Gemmill and Lynn W.L. Fahey of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Thomas S. Burka and Leonard Joblove of counsel), for respondent. OPINION READ, J. The outcome of this appeal is dictated by our decision in People v. LaFontaine, 92 N

  8. People v. Belton

    55 N.Y.2d 49 (N.Y. 1982)   Cited 318 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 112 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 146 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 14,651 times
    Providing for interests of justice review of unpreserved claims
  12. Section 221.05 - Unlawful possession of marihuana in the second degree

    N.Y. Penal Law § 221.05   Cited 300 times
    Making it a crime for a person to knowingly and unlawfully possess marijuana
  13. Section 221.10 - Unlawful possession of marihuana in the first degree

    N.Y. Penal Law § 221.10   Cited 220 times

    A person is guilty of unlawful possession of marihuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than one ounce. Unlawful possession of marihuana in the first degree is a violation punishable only by a fine of not more than two hundred dollars. N.Y. Penal Law § 221.10 Amended by New York Laws 2019, ch. 131