People v. Varney
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBeldock, P. J.
The question we are called upon to determine is whether a daytime search is illegal when conducted pursuant to a search warrant which, although otherwise valid, improperly authorized a nighttime search.
The evidence in issue was seized by the police pursuant to a warrant which authorized a search ‘ ‘ in the daytime at any time of the day or night.” The defendant tacitly concedes that the search took place during the daytime and does not argue on this appeal that insufficient probable cause was shown for the issuance of a warrant authorizing a daytime search. The County Court found that the…
2Cases cited8 opinions
- United States v. VentrescaSupreme Court of the United States · 1965
- United States v. Savannah Hinton, United States of America v. Susie Powers, Alias Susie PendletonCourt of Appeals for the Seventh Circuit · 1955
- United States v. BrunettDistrict Court, W.D. Missouri · 1931
- United States v. FitzmauriceCourt of Appeals for the Second Circuit · 1930
- United States v. BarkouskasDistrict Court, M.D. Pennsylvania · 1930
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3Cited by6 opinions
- United States v. Alphonse CirilloCourt of Appeals for the Second Circuit · 1974
- People v. DylaAppellate Division of the Supreme Court of the State of New York · 1988
- People v. CrispellAppellate Division of the Supreme Court of the State of New York · 1985
- State v. StaffordCourt of Criminal Appeals of Oklahoma · 1992
- People v. AcevedoNew York Supreme Court · 1985
1 more not listed; retrieve them via the Exa API.