§Why CasetextPricing

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

Brief

36 Cited authorities

  1. United States v. Chadwick

    433 U.S. 1 (1977)   Cited 1,948 times   8 Legal Analyses
    Holding that evidence obtained from search conducted ninety minutes after arrest must be suppressed because "no exigency" justified the search as incident to the arrest

  2. Illinois v. Lafayette

    462 U.S. 640 (1983)   Cited 1,072 times   8 Legal Analyses
    Holding that a warrantless search of an arrestee's person and effects incident to booking the arrestee is reasonable when it is "part of the routine procedure incident to incarcerating an arrested person"

  3. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,265 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.

  4. People v. Garafolo

    44 A.D.2d 86 (N.Y. App. Div. 1974)   Cited 1,964 times
    In Garafolo, a police officer testified that he observed unlawful untaxed cigarettes through a bag, which the court observed was not possible.

  5. People v. Prochilo

    41 N.Y.2d 759 (N.Y. 1977)   Cited 1,600 times   2 Legal Analyses
    In People v Prochilo (41 N.Y.2d 759, 763), even though the police officer was able to observe a visibly heavy object in defendant Bernard's pocket, we ordered the gun suppressed, in part because the officer was completely unable to connect his observations with the presence of a weapon until after he had taken the impermissible step of reaching into the pocket.

  6. People v. Berrios

    28 N.Y.2d 361 (N.Y. 1971)   Cited 600 times   1 Legal Analyses

    Argued March 2, 1971 Decided May 12, 1971 Appeal from the Supreme Court in the First Judicial Department, NEAL P. BOTTIGLIERI, J., WALTER H. GLADWIN, J., NICHOLAS F. DELAGI, J., DENNIS EDWARDS, JR., J., LOUIS SCHRIFIN, J. Appeal from the Supreme Court for the Second and Eleventh Judicial Districts of the Second Judicial Department, ALLEN BELDOCK, J., ALBERT R. MURRAY, J. Donald H. Zuckerman, Milton Adler, William E. Hellerstein, Lewis B. Oliver, Jr., Carol Berkman and William A. Nelson for appellants

  7. 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

  8. People v. Ortiz

    90 N.Y.2d 533 (N.Y. 1997)   Cited 202 times   3 Legal Analyses
    In People v. Ortiz, 90 NY2d 533, 537 (1997), the Court of Appeals has provided guidance concerning the allocation of proof concerning show up identifications.

  9. People v. Blasich

    73 N.Y.2d 673 (N.Y. 1989)   Cited 227 times
    Upholding search but observing that New York rejects Belton bright-line rule and interprets state constitution to limit warrantless searches of automobiles incident to arrests only to area from which arrestee might actually gain possession of weapon or destructible evidence

  10. People v. Johnson

    1 N.Y.3d 252 (N.Y. 2003)   Cited 111 times
    Following a lawful arrest of the driver of an automobile that must then be impounded, the police may conduct an inventory search of the vehicle