Legal Opinion
Chmielewski v. Rosetti
Appellate Terms of the Supreme Court of New York
Decided February 11, 1969PublishedCited by 9 opinions
1Per curiam
In this action to replevin an automobile seized by the police, the evidence adduced at the trial indicates that, following an unlawful search and seizure of plaintiff’s automobile, his son was arrested and charged with unlawful possession of narcotic drugs allegedly secreted in the said motor vehicle, and of which plaintiff had no knowledge.
It is well settled that evidence wrongfully obtained by a public official is not admissible in a civil proceeding (People v. Horman, 29 A D 2d 569, affd. 22 N Y 2d 378). This exclusionary rule has been applied in a forfeiture proceeding arising out of a…
2Cases cited3 opinions
- One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
- Reyes v. RosettiCivil Court of the City of New York · 1965
- Cortes v. RosettiCivil Court of the City of New York · 1962
3Cited by9 opinions
- Property Clerk, New York City Police Department v. SerodaAppellate Division of the Supreme Court of the State of New York · 1987
- Property Clerk of New York City Police Department v. ConcaAppellate Division of the Supreme Court of the State of New York · 1989
- Irizarry v. City of New YorkCivil Court of the City of New York · 1974
- Blaine v. G.M.A.C., New York County Courts1975
- People v. FlorusNew York Supreme Court · 1971
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