Legal Opinion
People v. Phillips
New York Court of Appeals
Decided November 19, 1940PublishedCited by 17 opinions
1Opinion of the CourtConway, J.
There is presented the question whether a peace officer may summarily arrest one who is a disorderly person within the provisions of Code of Criminal Procedure, section 899, subdivision 5, or must first obtain a warrant of arrest issuable under Code Criminal Procedure, section 900.
Section 899, subdivision 5, is as follows: “ § 899. The following are disorderly persons: * * *
“ 5. Persons who' have no visible profession or calling, by which to maintain themselves, but who do so, for the most part, by gaming;”
Section 900 reads: “ Upon complaint on oath, to a justice of the peace or police…
2Cases cited6 opinions
- People v. . MostNew York Court of Appeals · 1902
- People v. PerryNew York Court of Appeals · 1934
- People Ex Rel. Burke v. . FoxNew York Court of Appeals · 1912
- People v. PieriNew York Court of Appeals · 1936
- People v. IversonAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wanzer v. StateCourt of Appeals of Maryland · 1999
- Lippert v. StateNew York Court of Claims · 1955
- Lurie v. District AttorneyNew York Supreme Court · 1968
- People v. PearsonNew York Court of Special Session · 1947
- Fischbach v. Ohio State Racing CommissionOhio Court of Appeals · 1955
12 more not listed; retrieve them via the Exa API.