Legal Opinion
People v. Mothersell
New York Court of Appeals
Decided April 1, 2010No. 43PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
The contraband defendant stands convicted of possessing was recovered from his person by means of a strip search conducted on the authority of a warrant purporting to authorize the search of all persons present at the time of its execution. Defendant now contends, as he did before the County Court and the Appellate Division, that there was not a sufficient predicate for issuance of the warrant and that, even if properly issued, it did not authorize the strip search performed on him. We agree with both of these contentions.
In his suppression motion…
2Cases cited14 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- United States v. ArvizuSupreme Court of the United States · 2002
- Ybarra v. IllinoisSupreme Court of the United States · 1980
- Marron v. United StatesSupreme Court of the United States · 1927
- Steele v. United States No. 1Supreme Court of the United States · 1925
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sloley v. VanBramerCourt of Appeals for the Second Circuit · 2019
- In re Nassau County Strip Search CasesDistrict Court, E.D. New York · 2013
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 2013
- Mothersell v. City of SyracuseDistrict Court, N.D. New York · 2013
- People v. CurryAppellate Division of the Supreme Court of the State of New York · 2021
14 more not listed; retrieve them via the Exa API.