Legal Opinion

In re Camille H.

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1995PublishedCited by 16 opinions

1Opinion of the Court

Order, Family Court, Bronx County (Susan Larabee, J.), entered October 29, 1993, which, granted the respondent’s motion to suppress, unanimously reversed, on the law, without costs, and the matter remanded to the Family Court.

A police officer may take a child under the age of 16 into custody without a warrant in cases where he may arrest an adult for a crime (Family Ct Act § 305.2 [2]). In this case, the officer testified that respondent possessed what he believed to be marihuana in a public place and in plain view in violation of Penal Law § 221.10. Further, the officer testified that he…

2Cases cited3 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. People v. De BourNew York Court of Appeals · 1976
  3. People v. BarnesAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by16 opinions

  1. People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. BruknerIthaca City Court · 2015
  3. People v. WoffordAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. MaysNew York Supreme Court · 2001
  5. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1999

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