Legal Opinion

People v. Brown

New York Court of Appeals

Decided March 27, 2001PublishedCited by 105 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

The case before us involves the interplay of several themes in search warrant jurisprudence: the particularity requirement of the Fourth Amendment, overbreadth, sever-ability and the plain view doctrine. Here, a search warrant authorized police to search for four particularized items and “any other property the possession of which would be considered contraband.” While executing the warrant, police discovered several weapons in plain view, none of them enumerated in the warrant. The issue before us is whether overbroad language can be severed from an…

2Cases cited28 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Texas v. BrownSupreme Court of the United States · 1983
  4. Horton v. CaliforniaSupreme Court of the United States · 1990
  5. Marron v. United StatesSupreme Court of the United States · 1927

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3Cited by105 opinions

  1. People v. CahillNew York Court of Appeals · 2003
  2. People v. JohnNew York Court of Appeals · 2016
  3. People v. MaisAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. CarterAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. BastianAppellate Division of the Supreme Court of the State of New York · 2002

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