Legal Opinion

People v. Overton

New York Court of Appeals

Decided April 23, 1969PublishedCited by 21 opinions

1Opinion of the CourtBurke, J.

We ordered reargument in this case so that we might reconsider our initial determination (20 N Y 2d 360) in light of the recent Supreme Court decision in Bumper v. North Carolina (391 U. S. 543). The single issue before us is whether the search that was conducted in this case may be sustained without a warrant.

The facts, critical to our determination, are quite simple. Three detectives of the Mount Vernon Police Department had obtained a warrant directing the search, inter alia, of two high school students and their lockers at the Mount Vernon High School. The detectives presented the warrant…

2Cases cited3 opinions

  1. Bumper v. North CarolinaSupreme Court of the United States · 1968
  2. Overton v. New YorkSupreme Court of the United States · 1968
  3. People v. OvertonAppellate Terms of the Supreme Court of New York · 1966

3Cited by21 opinions

  1. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  2. Commonwealth v. CareyMassachusetts Supreme Judicial Court · 1990
  3. State v. MoraSupreme Court of Louisiana · 1975
  4. State v. Michael G.New Mexico Court of Appeals · 1987
  5. State v. JonesSupreme Court of Iowa · 2003

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