Legal Opinion

People v. Floyd

New York Court of Appeals

Decided June 15, 1970PublishedCited by 40 opinions

1Opinion of the CourtBreitel, J.

Because the police, otherwise authorized to make a lawful arrest, effected the arrest by unlawful means, the evidence obtained as a result of the arrest may not be used and defendant’s conviction must be reversed and the indictment dismissed. This result is required as a consequence of the application of the search and seizure provision of the Federal Constitution to the States under the Fourteenth Amendment (U. S. Const., 4th Amdt.; 14th Amdt.), and the exclusionary rule applied to the States under the holding in Mapp v. Ohio, (367 U. S. 643).

Defendant, after a jury trial, was convicted of a…

2Cases cited7 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. Ker v. CaliforniaSupreme Court of the United States · 1963
  4. McDonald v. United StatesSupreme Court of the United States · 1948
  5. Miller v. United StatesSupreme Court of the United States · 1958

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3Cited by40 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. People v. LaFontaineNew York Court of Appeals · 1998
  3. State v. CoyleWashington Supreme Court · 1980
  4. United States v. KozakUnited States Court of Military Appeals · 1982
  5. People v. DylaAppellate Division of the Supreme Court of the State of New York · 1988

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