People v. Morales
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Richter, J.
In this appeal, we are asked to determine whether the police lawfully searched defendant’s jacket, which was lying on the trunk of a police car, while defendant was sitting handcuffed in the vehicle and numerous police officers were present at the scene. We conclude that, at the time of the search, the jacket was not within defendant’s grabbable area, and there were no exigent circumstances justifying a warrantless search of the jacket incident to arrest (see People v Jimenez, 22 NY3d 717 [2014]; People v Gokey, 60 NY2d 309 [1983]). The dissent’s contention that…
2Cases cited9 opinions
- Arizona v. GantSupreme Court of the United States · 2009
- People v. ConcepcionNew York Court of Appeals · 2011
- People v. GokeyNew York Court of Appeals · 1983
- People v. JimenezNew York Court of Appeals · 2014
- The People v. Benjamin JenkinsNew York Court of Appeals · 2014
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