People v. Hernandez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J. P.
Society is not prepared to recognize as legitimate whatever subjective expectation of privacy an escaped prisoner might have with respect to the confines of the house or apartment in which he is being harbored by an obliging friend or relative. For this basic reason, we hold that the defendant Angel Hernandez, who had escaped from a work-release program and who was being protected by his brother, the codefendant Rudolfo Hernandez, has no standing to object to the search of the latter’s apartment.
The defendant Angel Hernandez absconded from a prisoner…
2Cases cited23 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- Rakas v. IllinoisSupreme Court of the United States · 1979
- Jones v. United StatesSupreme Court of the United States · 1960
- Griffin v. WisconsinSupreme Court of the United States · 1987
- Minnesota v. OlsonSupreme Court of the United States · 1990
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3Cited by17 opinions
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- People v. MorganAppellate Division of the Supreme Court of the State of New York · 1996
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