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47 Misc. 2d 517 Civil Court of the City of New York September 7, 1965
In the Criminal Court, prosecution upon a motion to suppress the evidence, the search warrant, which the policeman had obtained, was controverted, and the evidence was suppressed.
They searched the car, without a warrant, and found 375 bottles of whisky without Pennsylvania tax stamps.
The case was sent back to the Supreme Court of Pennsylvania to determine whether the officers had probable cause to search the ear without a warrant.
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76 Misc. 2d 222 Criminal Court of the City of New York November 30, 1973
Thus in Bumper , the court held the consent given by a 66-year-old woman to a police search of her house after the police officers informed her they had a search warrant, which later was found to be invalid or nonexistent, was not
I find therefore, that if the search is to be held constitutional it must be on the grounds that the officers had a lawful right to search without a warrant.
The question thus arises whether the Biswell holding that a regulatory search may be constitutionally made without a warrant applies where the officer making the inspection has ample opportunity to obtain a warrant.
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36 Misc. 2d 523 Civil Court of the City of New York October 29, 1962
In that case certain local police officers entered the defendant’s residence without a warrant, pursuant to information that a person was hiding there who was wanted for questioning in connection with a bombing and that there was policy
Section 177 of the Code of Criminal Procedure provides that “A peace officer may, without a warrant, arrest a person * * * 4.
City of New York ( 25 Misc 2d 369, 373-374 ): “ an arrest for the misdemeanor of control or possession may be justified without a warrant, notwithstanding that the accused is not personally present at the place involved or does not
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67 Misc. 2d 495 Criminal Court of the City of New York August 25, 1971
S. at p. 367 ): “ Once an accused is under arrest and in custody, then a search made at another place, without a warrant, is simply not incident to the arrest. ’ ’ In Chambers v. Maroney ( 399 U.
S. 42 [1970]) the police stopped a car in which defendant was riding. They arrested defendant on probable cause and drove the car to the station. There, without a warrant, they searched the car.
Finally, the search may be lawful if it is reasonably related to a duty separately imposed by law to hold the car.
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73 Misc. 2d 266 Criminal Court of the City of New York January 8, 1973
The officer testified concerning it, without objection, and the complaint clearly alludes to it, by indicating that the search was made “ under the authority of a search warrant.”
Accordingly, he may search for weapons (without a warrant), a person lawfully arrested. (Weeks v. United States, 232 U. S. 383, 392 [1914]; Agnello v. United States, 269 U. S. 20, 30 [1925]; Preston v. United States, 376 U.
It permits — '“A search warrant which directs a search of a designated or described place, premises or vehicle, may also direct a search of any person present thereat or therein." . People v.
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110 Misc. 2d 875 Criminal Court of the City of New York September 21, 1981
Without any further inquiry, Officer Corcoran and the approximately six other *877 police officers, who had responded to the arrest, informed Ms.
Rather, the point is that the police may not rely upon incorrect or incomplete information when they are at fault in permitting the records to remain uncorrected.”
Otherwise a person, having once reported his car to be stolen and later having it recovered by the police, would be potentially subject to arrest and consequent search whenever driving in his automobile, for the indefinite future.
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15 Misc. 2d 672 New York State Court of Claims July 1, 1958 No. Claim No. 33267
Wheeler searched the claimant’s home without benefit of a warrant.
Although during the trial of this claim the causes of action discussed above were more or less the only issues pressed, nevertheless, the pleadings do mention a search without a warrant.
In view of the explicit language of rights, with the result that the inspectors of election have not *679 section 8 of the Civil Rights Law, a search of a man’s home without a warrant, except at the time of making a lawful arrest,
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168 Misc. 2d 710 Criminal Court of the City of New York March 28, 1996
It is well settled that without a search warrant police officers may not enter any premises or other area where the defendant maintains a reasonable expectation of privacy (Katz v United States, 389 US 347 [1967]; People v Lerhinan
Those decisions dealt with the narrow issue of whether an officer can request consent to search a car without any reasonable suspicion when the car had been validly stopped at a roadblock.
As the Supreme Court explained in Schneckloth v Bustamonte ( 412 US 218, 232 [1973]), "The circumstances that prompt the initial request to search may develop quickly or be a logical extension of investigative police questioning.”
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64 Misc. 2d 63 Criminal Court of the City of New York September 3, 1970
One of these men — James McMurty, as I later learned — saw the patrol car and stepped out of the doorway. From his right hand he let drop a small plastic container. I got out of the patrol car and retrieved it.
Ohio, for example, the Supreme Court laid down the rule that evidence obtained by the police through an unreasonable search and seizure may not be used in a state criminal prosecution.
Then the police made the great discovery that if the defendant drops the narcotics on the ground, after which the policeman arrests him, the search is reasonable and the evidence is admissible.
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75 Misc. 2d 908 Criminal Court of the City of New York November 8, 1973
Arguably, however, in the instant case it may assume aspects of a search, with the defendant being called upon to leave his house, proceed to the car, unlock the same and open the door and hood to inspection by the officer.
Defendant’s counsel concedes that had the defendant been in the car when the officer came upon it, the officer would have been entitled to make a routine 11 car check” involving the same inquiries without assessing a reason therefor
and indeed, without being in possession of the information received from the *911 State PoEce.
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47 Misc. 2d 1031 Criminal Court of the City of New York October 13, 1965
Under these circumstances, did the police officer have probable cause to arrest and frisk the defendants and search their car?
Where the facts, as here, preclude the possibility of procuring a search warrant, a search without a warrant may be deemed valid (United States v. Rabinowitz, 339 U. S. 56 ; [overruling Trupiano v. United States, 334 U.
A search warrant is not a 11 sine qua non to the reasonableness of a search ’ ’, nor is it the sole test for a lawful search without a warrant. (United States v. Rabinowitz, supra, p. 65 .)
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109 Misc. 2d 853 Criminal Court of the City of New York June 29, 1981
it has been authorized by a valid search warrant.
Therefore, it would seem that an administrative inspection of a business premises, without a valid search warrant, would not be considered reasonable, and constitutional, under the Fourth Amendment, unless the search and seizure represents
of a search warrant.
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131 Misc. 2d 689 Criminal Court of the City of New York January 11, 1986
He now moves to suppress physical evidence, to wit: a 1972 Volkswagen and a rivet gun seized during a search of the car. A Mapp hearing was held on November 19, 1984.
The defendant contests the legality of the search of the automobile on the grounds that the police officer stopped the vehicle on the sole predicate that the license plate was wired onto the car rather than bolted, which itself did
This stop, it is argued, was without the requisite cause and the search and seizure that followed was conducted in violation of defendant’s constitutional rights.
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44 Misc. 2d 336 Criminal Court of the City of New York November 6, 1964
A search of a person without a warrant is not unreasonable if it is made as an incident to a lawful arrest and contemporaneous therewith as to time and place (Preston v. United States, supra; Carroll v.
The ambit of the incidental search is limited in its general scope. It cannot be construed as broader than that which would be authorized by a search warrant.
In the instant case, no probable cause for the issuance of a search warrant is indicated (Aguilar v. Texas, 378 U. S. 108 ).
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666 A.2d 795 Judicial Discipline of Pennsylvania August 3, 1995 No. 2 JD 95.
In Part B, the Board alleges that Respondent Hasay was in possession of 43 grams of marijuana, which the state police found in the course of executing a search warrant in conjunction with their investigation of the complaints made
On February 10, 1991, the Pennsylvania State Police, pursuant to a search warrant, conducted a search of Respondent’s home at RR# 1, Box 255-A, Benton, Fair-mount Township, Luzerne County, Pennsylvania, which search arose out of the
During the course of the execution of the search warrant, marijuana was found in a bedroom under Respondent’s bed. 17. The marijuana was tied together at the root stems and was found lying on a round beer tray. 18.
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63 Misc. 2d 601 Criminal Court of the City of New York July 22, 1970
S. 436 ) and complaint is made that the Dean was unauthorized to act without a search warrant.
Supp. 725 ) which upheld the right of college officials to enter and search a student’s room without a warrant and without his consent.
No search warrant had been obtained and the defendant was searched without his consent.
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64 Misc. 2d 49 Criminal Court of the City of New York July 17, 1970
search warrant issues.
Accordingly, the search warrant is vacated.
Thus, without further supporting evidence, the ‘ ‘ prosecution must reveal the name of * * * [the] informer whose information it is that makes out reasonable cause for an arrest and search without a warrant.” (People v.
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170 Misc. 2d 478 Criminal Court of the City of New York September 19, 1996
The issue raised in this case is whether a common-law wife may consent to a search of her husband’s dresser drawers. For the following reasons, the court concludes that she may.
Scipio’s consent to justify the warrantless search of the bedroom dresser conducted by the police. 2 It is settled law that a joint occupant who has common authority over premises may consent to a search of such premises.
Without such evidence, defendant has failed to rebut the presumption of mutual authority and the court finds that Ms. Scipio lawfully could consent to a search of defendant’s dresser drawer.
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189 Misc. 2d 653 Criminal Court of the City of New York December 6, 2001
The foregoing items of information would all be pertinent in determining the issue of defendant’s standing with regard to the police search.
The information continues that, pursuant to an inventory search of the vehicle, Police Officer McCann found a cosmetics purse. Defendant told the police officer that the purse belonged to her.
The court determines that the defendant has no standing to contest the search of the car, but that she has standing to contest the stop of the vehicle and the personal search of her effects.
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82 Misc. 2d 204 Criminal Court of the City of New York May 16, 1975
While the search incident to defendant’s arrest was valid (Chimel v California, 395 US 752 ), it was improper for the special patrolman to take the fruits of the search, i.e., the key, to the locker and open up the locker without a
search warrant.
In the case at bar, the special patrolman is appointed by the police commissioner, subject to the orders of the commissioner, and may be removed by the commissioner.
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