Legal Opinion
People v. Johnson
New York Court of Appeals
Decided July 7, 1983PublishedCited by 57 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The search of defendant’s shoulder bag, two feet away from him at the time of his arrest for a crime involving a gun, was valid for the reasons stated in the opinion of Justice Asch at the Appellate Division (see, also, People v Smith, 59 NY2d 454). The questions asked of the defendant at the time of his arrest, although prior to the requisite warnings, were nevertheless permissible as they were asked to clarify a volatile situation rather than to elicit evidence of a crime (see People v Huffman, 41 NY2d 29;…
2Cases cited5 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Arizona v. WashingtonSupreme Court of the United States · 1978
- People v. MichaelNew York Court of Appeals · 1979
- People v. SmithNew York Court of Appeals · 1983
- People v. QuarlesNew York Court of Appeals · 1982
3Cited by57 opinions
- People v. GokeyNew York Court of Appeals · 1983
- People v. LoveAppellate Division of the Supreme Court of the State of New York · 2003
- People v. JimenezNew York Court of Appeals · 2014
- People v. BastianAppellate Division of the Supreme Court of the State of New York · 2002
- People v. RifkinAppellate Division of the Supreme Court of the State of New York · 2001
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