13 Cited authorities

  1. Illinois v. Lafayette

    462 U.S. 640 (1983)   Cited 941 times   8 Legal Analyses
    Holding that it is not "unreasonable for police, as part of the routine procedure incident to incarcerating an arrested person, to search any container or article in his possession, in accordance with established inventory procedures"
  2. People v. Prochilo

    41 N.Y.2d 759 (N.Y. 1977)   Cited 1,515 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.
  3. People v. McRay

    51 N.Y.2d 594 (N.Y. 1980)   Cited 482 times
    Recognizing that a glassine envelope is a "telltale sign of heroin" and that the passing of a glassine envelope signals an illicit drug transaction rather than some innocuous act
  4. People v. Johnson

    1 N.Y.3d 252 (N.Y. 2003)   Cited 88 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
  5. People v. Galak

    80 N.Y.2d 715 (N.Y. 1993)   Cited 117 times   1 Legal Analyses

    Argued January 5, 1993 Decided February 16, 1993 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Zelda Jonas, J. Mahler Harris, P.C., Kew Gardens (Stephen R. Mahler of counsel), for appellant. Denis Dillon, District Attorney of Nassau County, Mineola (Lawrence J. Schwarz and Peter A. Weinstein of counsel), for respondent. Acting Chief Judge SIMONS. Defendant has been convicted of several criminal possession charges based upon incriminating evidence found

  6. People v. Vandover

    2012 N.Y. Slip Op. 8170 (N.Y. 2012)   Cited 31 times
    In People v Vandover (20 NY3d 235 [2012]), the Court set forth the probable cause standard as it applies to drinking and driving offenses: An arrest for driving while intoxicated is based on probable cause if the arresting officer has evidence that it is "more probable than not that defendant is actually impaired".
  7. People v. Gomez

    13 N.Y.3d 6 (N.Y. 2009)   Cited 33 times

    No. 119. Argued June 4, 2009. Decided June 30, 2009. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered April 10, 2008. The Appellate Division (1) reversed, on the law, a judgment of the Supreme Court, New York County (Gregory Carro, J.), which had convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree; (2) granted defendant's suppression

  8. People v. Walker

    2012 N.Y. Slip Op. 7851 (N.Y. 2012)   Cited 24 times

    2012-11-19 The PEOPLE of the State of New York, Respondent, v. Samuel WALKER, Appellant. Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve, David C. Schopp and Barbara J. Davies of counsel), for appellant. Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small and Donna A. Milling of counsel), for respondent. SMITH Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve, David C. Schopp and Barbara J. Davies of counsel), for appellant. Frank A. Sedita, III, District Attorney

  9. People v. Padilla

    2013 N.Y. Slip Op. 4042 (N.Y. 2013)   Cited 20 times

    2013-06-6 The PEOPLE of the State of New York, Respondent, v. Kenneth PADILLA, Appellant. Randall D. Unger, Bayside, for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Matthew T. Murphy and Christopher P. Marinelli of counsel), for respondent. PIGOTT Randall D. Unger, Bayside, for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Matthew T. Murphy and Christopher P. Marinelli of counsel), for respondent. OPINION OF THE COURT PIGOTT, J. The issue on this appeal is

  10. People v. Valentin

    29 N.Y.3d 57 (N.Y. 2017)   Cited 12 times

    03-30-2017 The PEOPLE of the State of New York, Appellant, v. Carlos VALENTIN, Respondent. James A. McCarty, Special Acting District Attorney, White Plains (Virginia A. Marciano, Laurie G. Sapakoff and Steven A. Bender of counsel), for appellant. Robert S. Dean, Center for Appellate Litigation, New York City, for respondent. ABDUS–SALAAM, J. James A. McCarty, Special Acting District Attorney, White Plains (Virginia A. Marciano, Laurie G. Sapakoff and Steven A. Bender of counsel), for appellant. Robert