Legal Opinion

In re Daijah D.

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

Decided July 28, 2011PublishedCited by 4 opinions

1Opinion of the Court

We need not address the propriety of the challenged police conduct in questioning appellant after she walked away from a group of loud and disorderly teenagers as the police approached the group because the Feople failed to sustain their heavy burden of establishing that appellant’s consent to a search of her purse was voluntary and that she waived her constitutional rights (see Bumper v North Carolina, 391 US 543, 550 [1968]; People v Gonzalez, 39 NY2d 122 [1976]).

Consent is “a true act of the will, an unequivocal product of an essentially free and unconstrained choice. Voluntariness is…

2Cases cited3 opinions

  1. Bumper v. North CarolinaSupreme Court of the United States · 1968
  2. People v. GonzalezNew York Court of Appeals · 1976
  3. People v. BarrerasAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by4 opinions

  1. People v. MercadoAppellate Division of the Supreme Court of the State of New York · 2014
  2. FREEMAN, DARRION B., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. MercadoAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. RiveraNew York Supreme Court · 2013

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