People v. Jimenez
New York Court of Appeals
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
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- People v. SmithNew York Court of Appeals · 1983
- People v. BatistaNew York Court of Appeals · 1996
- People v. GokeyNew York Court of Appeals · 1983
- People v. LangenNew York Court of Appeals · 1983
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3Cited by42 opinions
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- People v. ChyAppellate Division of the Supreme Court of the State of New York · 2020
- People v. MoralesAppellate Division of the Supreme Court of the State of New York · 2015
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