Legal Opinion

People v. Zimmerman

New York Supreme Court

Decided December 29, 1982PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Joseph Jaspan, J.

The primary question presented here is whether the exclusionary rule should be invoked in a case where the police acting in good faith made a judgmental error in relying on defendant’s apparent consent to search the trunk of an automobile parked in a public place.

Subsidiary issues exist with respect to the interpretation of People v Boodle (47 NY2d 398), and People v Middleton (54 NY2d 474), and as to statements attributed to the defendant.

*122In denying the motion of defendant to suppress by applying a good-faith rule to “judgmental errors”, a distinction…

2Cases cited48 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Mapp v. OhioSupreme Court of the United States · 1961
  5. Coolidge v. New HampshireSupreme Court of the United States · 1971

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3Cited by2 opinions

  1. State v. WellsSupreme Court of Florida · 1989
  2. People v. CastroNew York Supreme Court · 1984

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