Legal Opinion
People v. Diaz
New York Court of Appeals
Decided April 8, 1993PublishedCited by 129 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
The question is whether the warrantless search of defendant’s pocket was justified by information allegedly obtained by the police in conducting an authorized protective pat-down (see, Terry v Ohio, 392 US 1) which demonstrated that defendant was unarmed. The People urge that the warrantless search of the pocket was permissible under an extension of the plain view exception to the warrant requirement, sometimes referred to as the "plain touch” exception. For reasons to be explained, we reject the People’s proposed extension of the plain view exception and…
2Cases cited23 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Katz v. United StatesSupreme Court of the United States · 1967
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Sibron v. New YorkSupreme Court of the United States · 1968
- Michigan v. LongSupreme Court of the United States · 1983
18 more not listed; retrieve them via the Exa API.
3Cited by129 opinions
- Minnesota v. DickersonSupreme Court of the United States · 1993
- Commonwealth v. ZhahirSupreme Court of Pennsylvania · 2000
- People v. JohnNew York Court of Appeals · 2016
- People v. BrownNew York Court of Appeals · 2001
- Commonwealth v. WilsonMassachusetts Supreme Judicial Court · 2004
124 more not listed; retrieve them via the Exa API.