Legal Opinion

People v. Levan

New York Court of Appeals

Decided May 15, 1984PublishedCited by 91 opinions

POINTS OF COUNSEL I. Und.er the Fourth Amendment and section 12 of article I of the New York State Constitution, the police, without a warrant and in the absence of exigent circumstances, may not enter a private dwelling to arrest its occupant solely because the occupant has opened his door in response to a neighbor’s knock.

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POINTS OF COUNSEL I. Und.er the Fourth Amendment and section 12 of article I of the New York State Constitution, the police, without a warrant and in the absence of exigent circumstances, may not enter a private dwelling to arrest its occupant solely because the occupant has opened his door in response to a neighbor’s knock. (.Payton v New York, 445 US 573; Steag-ald v United States, 451 US 204; Katz v United States, 389 US 347; United States v Watson, 423 US 411; Silverman v United States, 365 US 505; McDonald v United States, 335 US 451; United States v Johnson, 626 F2d 753; United States v…

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

Police may not, absent exigent circumstances or consent, enter a suspect’s home to make a warrantless arrest. In view of the findings of no exigent circumstances and no consent, the order of the Appellate Division affirming defendant’s conviction should be reversed, as his warrant-less arrest in his apartment was unlawful and the failure to suppress evidence seized in a search incident to. that arrest was error.

Defendant was indicted for murder in the second degree and for criminal possession of a weapon in the second degree. Those charges stemmed from the shooting…

2Cases cited9 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. United States v. WatsonSupreme Court of the United States · 1975
  5. United States v. United States District Court for the Eastern District of MichiganSupreme Court of the United States · 1972

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3Cited by91 opinions

  1. People v. DunnNew York Court of Appeals · 1990
  2. People v. McBrideNew York Court of Appeals · 2010
  3. People v. JonesNew York Court of Appeals · 2004
  4. People v. BellAppellate Division of the Supreme Court of the State of New York · 2004
  5. People v. GarrigaAppellate Division of the Supreme Court of the State of New York · 1993

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