Legal Opinion
The People v. Benjamin Jenkins
New York Court of Appeals
Decided October 16, 2014No. 148PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
At issue in this appeal is whether a police officer’s warrant-less search of a closed metal box in defendant’s home was reasonable under the “exigent circumstances” exception to the warrant requirement. We conclude that it was not.
Shortly after midnight on January 1, 2010, New York City Police Officer Kevin Brennan and another officer entered an apartment building after hearing gunshots and observing muzzle fire from the building’s roof. As the officers ascended the stairwell, they heard a gunshot directly above them. When the officers reached the eighth floor,…
2Cases cited5 opinions
- People v. MitchellNew York Court of Appeals · 1976
- People v. KnappNew York Court of Appeals · 1981
- In re Kwok T.New York Court of Appeals · 1977
- People v. MolnarNew York Court of Appeals · 2002
- People v. CiccarelliAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by20 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2017
- People v. MoralesAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BruknerIthaca City Court · 2015
- People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2015
- People v. AvingerAppellate Division of the Supreme Court of the State of New York · 2016
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