§Why CasetextPricing

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

Brief

54 Cited authorities

  1. Arizona v. Gant

    556 U.S. 332 (2009)   Cited 3,895 times   41 Legal Analyses
    Holding that the Fourth Amendment does not permit officers to search every vehicle incident to arrest

  2. Coolidge v. New Hampshire

    403 U.S. 443 (1971)   Cited 7,817 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

  3. Wong Sun v. United States

    371 U.S. 471 (1963)   Cited 12,245 times   24 Legal Analyses
    Holding evidence stemming from Fourth Amendment violations must be excluded from trial as fruit of the poisonous tree

  4. United States v. Ross

    456 U.S. 798 (1982)   Cited 4,149 times   24 Legal Analyses
    Holding that search under the automobile exception extends only to areas "that may conceal the object of the search"

  5. Colorado v. Bertine

    479 U.S. 367 (1987)   Cited 1,843 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"

  6. California v. Acevedo

    500 U.S. 565 (1991)   Cited 1,537 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

  7. 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.

  8. State v. Gauster

    752 N.W.2d 496 (Minn. 2008)   Cited 328 times
    Holding that impoundment was improper where vehicle was on shoulder of a rural road in the middle of the afternoon, driver was not arrested, and driver "had requested permission to make reasonable alternative arrangements for the disposition of the vehicle"

  9. 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

  10. United States v. Cervantes

    703 F.3d 1135 (9th Cir. 2012)   Cited 130 times   4 Legal Analyses
    Holding that seizure of car was unconstitutional where "[n]either Sanchez nor Colley provided any testimony that Cervantes's vehicle was parked illegally, posed a safety hazard, or was vulnerable to vandalism or theft. . . . [T]he government presented no evidence that the vehicle would be vulnerable to vandalism or theft if it were left in its residential location, or that it posed a safety hazard, and thus failed to meet its burden to show that the community caretaking exception applied"

  11. Section 155.25 - Petit larceny

    N.Y. Penal Law § 155.25   Cited 739 times   1 Legal Analyses
    Defining "petit larceny"

  12. Section 220.03 - Criminal possession of a controlled substance in the seventh degree

    N.Y. Penal Law § 220.03   Cited 694 times

    A person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance; provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle ; nor shall it be a violation of this section when a person's unlawful possession of a controlled substance is discovered

  13. Section 165.45 - Criminal possession of stolen property in the fourth degree

    N.Y. Penal Law § 165.45   Cited 426 times   1 Legal Analyses
    Finding a person guilty of fourth degree criminal possession of stolen property when he or she "knowingly possess stolen property, with the intent to benefit himself or [another] . . . other than owner thereof or to impede recovery by the owner, and when: . . . [t]he property consists of one or more firearms . . . ."

  14. Section 165.40 - Criminal possession of stolen property in the fifth degree

    N.Y. Penal Law § 165.40   Cited 425 times

    A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof. Criminal possession of stolen property in the fifth degree is a class A misdemeanor. N.Y. Penal Law § 165.40

  15. Section 170.25 - Criminal possession of a forged instrument in the second degree

    N.Y. Penal Law § 170.25   Cited 383 times

    A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.10. Criminal possession of a forged instrument in the second degree is a class D felony. N.Y. Penal Law § 170.25

  16. Section 170.10 - Forgery in the second degree

    N.Y. Penal Law § 170.10   Cited 257 times

    A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: 1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect

  17. Section 190.80 - Identity theft in the first degree

    N.Y. Penal Law § 190.80   Cited 65 times
    Requiring theft of $2,000 or commensurate financial hardship or the commission or attempted commission of a D felony or higher

  18. Section 190.78 - Identity theft in the third degree

    N.Y. Penal Law § 190.78   Cited 32 times
    Requiring the thief to have caused financial loss or to have intended to commit a separate crime that is at least a class A misdemeanor

  19. Section 3362 - [Repealed Effective six months after full cannabis control board created by Cannabis Law has been appointed] and [Repealed Effective 7/5/2028] Lawful medical use

    N.Y. Pub. Health Law § 3362   Cited 1 times   2 Legal Analyses

    1. The possession, acquisition, use, delivery, transfer, transportation, or administration of medical marihuana by a certified patient or designated caregiver possessing a valid registry identification card, for certified medical use, shall be lawful under this title; provided that: (a) the marihuana that may be possessed by a certified patient shall not exceed a thirty day supply of the dosage as determined by the practitioner, consistent with any guidance and regulations issued by the commissioner