Legal Opinion
People v. Borges
New York Court of Appeals
Decided June 11, 1987PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified by remitting the case to Supreme Court, Bronx County, for a determination whether defendant’s consent to search his apartment was sufficiently an act of free will to purge the primary taint of the illegal arrest.
On this appeal, the People concede that defendant was illegally arrested (Payton v New York, 445 US 573). Defendant does not challenge the determination of the suppression court that his postarrest consent to search his apartment was voluntary (People v Gonzalez, 39 NY2d 122; see, Schneckloth v *1033Bustam…
2Cases cited8 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Payton v. New YorkSupreme Court of the United States · 1980
- Brown v. IllinoisSupreme Court of the United States · 1975
- People v. GonzalezNew York Court of Appeals · 1976
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- People v. BanksNew York Court of Appeals · 1995
- State v. LaneSupreme Court of Iowa · 2007
- State v. ArroyoUtah Supreme Court · 1990
- People v. BradfordNew York Court of Appeals · 2010
- Sims v. Collection Division of the Utah State Tax CommissionUtah Supreme Court · 1992
26 more not listed; retrieve them via the Exa API.