Legal Opinion

Finn's Liquor Shop, Inc. v. State Liquor Authority

New York Court of Appeals

Decided April 24, 1969PublishedCited by 79 opinions

1Opinion of the Court

Chief Judge Fuld.

In each of these cases, the Appellate Division annulled a determination of the State Liquor Authority on the ground that it was based upon evidence obtained by an illegal search and seizure, and the primary question presented is whether the exclusionary rule of Mapp v. Ohio (367 U. S. 643) applies to administrative proceedings as well as to criminal prosecutions. We discuss that question before examining the several issues posed by the individual appeals.

The function of the exclusionary rule, as stated by the Supreme Court (Mapp v. Ohio, 367 U. S., at p. 656), “ ‘ is to deter…

2Cases cited7 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  3. Elkins v. United StatesSupreme Court of the United States · 1960
  4. See v. City of SeattleSupreme Court of the United States · 1967
  5. One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965

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3Cited by79 opinions

  1. People v. BerkowitzNew York Court of Appeals · 1980
  2. MATTER OF JUAN C. v. CortinesNew York Court of Appeals · 1997
  3. People v. McGrathNew York Court of Appeals · 1978
  4. Board of License Comm'rs of Tiverton v. PastoreSupreme Court of the United States · 1985
  5. People ex rel. Piccarillo v. New York State Board of ParoleNew York Court of Appeals · 1979

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