People v. Lopez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lazer, J.
Although the survival of the suppression order at issue on this appeal depends upon other factors as well, a primary issue is whether an officer’s mistaken belief that he lacked probable cause for arrest invalidates an arrest that would otherwise withstand constitutional scrutiny. Contrary to the belief of the officer involved, the instant arrest was supported by probable cause and we hold that his mistaken belief provides no basis for suppression of defendant’s postarrest statements as “poisonous fruit” of an illegal arrest. Not only would suppression based on…
2Cases cited52 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Mapp v. OhioSupreme Court of the United States · 1961
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Aguilar v. TexasSupreme Court of the United States · 1964
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3Cited by50 opinions
- People v. RosarioNew York Court of Appeals · 1991
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 1984
- People v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1988
- In re Robert D.Appellate Division of the Supreme Court of the State of New York · 2010
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2020
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