Legal Opinion

People v. Jimenez

New York Court of Appeals

Decided February 25, 2014PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

The protections embodied in article I, § 12 of the New York State Constitution serve to shield citizens from warrantless intrusions on their privacy interests, including their personal effects. In the context of warrantless searches of closed containers incident to arrest, the People bear the burden of demonstrating the presence of exigent circumstances in order to invoke this exception to the warrant requirement. Because the People failed to meet that burden in this case as a matter of law, defendant’s motion to suppress should have been granted. We…

2Cases cited10 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. People v. SmithNew York Court of Appeals · 1983
  3. People v. BatistaNew York Court of Appeals · 1996
  4. People v. GokeyNew York Court of Appeals · 1983
  5. People v. LangenNew York Court of Appeals · 1983

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3Cited by42 opinions

  1. People v. KalabakasAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. MortelAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. ChyAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. MoralesAppellate Division of the Supreme Court of the State of New York · 2015

37 more not listed; retrieve them via the Exa API.

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