Legal Opinion
People v. Waring
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 1992PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Bracken, J.
The defendant argues that the warrantless search of a package, which had been seized from her person after she had attempted to smuggle it through an airport security checkpoint, was unconstitutional, and that the contraband discovered during the course of that search, therefore, must be suppressed (US Const 4th, 14th Amends; NY Const, art I, § 12; Mapp v Ohio, 367 US 643). The defendant argues that neither the consent nor the emergency exception to the warrant requirement may be applied, and that no other exception is available. As did the hearing court, we…
2Cases cited18 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Carroll v. United StatesSupreme Court of the United States · 1925
- Almeida-Sanchez v. United StatesSupreme Court of the United States · 1973
- National Treasury Employees Union v. Von RaabSupreme Court of the United States · 1989
- People v. MitchellNew York Court of Appeals · 1976
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3Cited by4 opinions
- Tsui Yuan Tseng, Plaintiff-Appellant-Cross-Appellee v. El Al Israel Airlines, Ltd., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1997
- People v. DukesCriminal Court of the City of New York · 1992
- People v. SpaldingCriminal Court of the City of New York · 2004
- In re Adewumi C.Appellate Division of the Supreme Court of the State of New York · 1992