Legal Opinion
United States v. Fadul
District Court, S.D. New York
Decided April 21, 2014No. S2 13 Cr. 143(JMF)PublishedCited by 4 opinions
1Opinion of the Court
AMENDED OPINION AND ORDER
JESSE M. FURMAN, District Judge.
Defendants Judith Fadul, Kenneth Garcia, and Yasmin Delarosa, charged with drug, gun, and counterfeiting offenses in a six-count superseding indictment (Docket No. 62), move to suppress evidence seized during a search of Fadul’s apartment. Their motion implicates an issue of Fourth Amendment law that has divided the Courts of Appeals and remains unsettled in the Second Circuit — namely, whether, and under what circumstances, law enforcement officers may engage in a war-rantless “protective sweep” of a home where they initially gained…
2Cases cited38 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Payton v. New YorkSupreme Court of the United States · 1980
- Ker v. CaliforniaSupreme Court of the United States · 1963
- Florida v. JimenoSupreme Court of the United States · 1991
- Brigham City v. StuartSupreme Court of the United States · 2006
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3Cited by4 opinions
- Cucuta v. New York CityDistrict Court, S.D. New York · 2014
- Lawson v. HilderbrandDistrict Court, D. Connecticut · 2015
- United States v. GonzalezDistrict Court, S.D. New York · 2015
- Bernal v. The Boeing CompanyDistrict Court, W.D. Washington · 2023