Legal Opinion
People v. Roth
New York Court of Appeals
Decided October 15, 1985PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, the motion to suppress granted and the indictment dismissed.
The evidence adduced at the suppression hearing supports the affirmed finding that the police officer’s conduct in frisking defendant was based on a reasonable fear that defendant may have been armed (see, People v Davis, 64 NY2d 1143; People v Klass, 55 NY2d 821). Nonetheless, defendant’s motion to suppress the papers removed from his jacket pocket, which upon inspection turned out to be gambling records, should have been granted. Once any…
2Cases cited10 opinions
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- United States v. RobinsonSupreme Court of the United States · 1973
- Stanley v. GeorgiaSupreme Court of the United States · 1969
- Walter v. United StatesSupreme Court of the United States · 1980
- People v. SpinelliNew York Court of Appeals · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- People v. DiazNew York Court of Appeals · 1993
- People v. RatcliffSupreme Court of Colorado · 1989
- Musgrove v. StateCourt of Criminal Appeals of Alabama · 1986
- People v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ShacklefordAppellate Division of the Supreme Court of the State of New York · 2008
25 more not listed; retrieve them via the Exa API.