Legal Opinion
People v. Potwora
New York Court of Appeals
Decided October 18, 1979PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
This appeal presents the question as to whether a determination of probable cause requisite to the issuance of a warrant may be delegated in part to someone other than the issuing Magistrate.
The essential facts are not in dispute.
On September 10, 1975 State Police applied to the Depew Village Justice for a warrant authorizing a search of premises and a van owned by Imperial News Co., Inc., and the seizure of business records and certain magazines alleged to be obscene.
The affidavits of two Rochester policemen supporting the warrant application described their…
2Cases cited8 opinions
- Aguilar v. TexasSupreme Court of the United States · 1964
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- United States v. LefkowitzSupreme Court of the United States · 1932
- Lo-Ji Sales, Inc. v. New YorkSupreme Court of the United States · 1979
- Shadwick v. City of TampaSupreme Court of the United States · 1972
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
- People v. EdwardsNew York Court of Appeals · 1987
- People v. MartinezNew York Court of Appeals · 1992
- Monserrate v. Upper Court Street Book Store, Inc.New York Court of Appeals · 1980
- People v. KaneAppellate Division of the Supreme Court of the State of New York · 1991
9 more not listed; retrieve them via the Exa API.