Legal Opinion · Dissent

People v. Millan

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

Decided June 26, 1986Published

1DissentCarro, J.

Judicial regard for the effectiveness of a law enforcement practice in curtailing criminal activity does not excuse a court from carefully scrutinizing that practice for constitutional abuses, especially when it is apparent that a certain modus operandi is evolving which includes widespread, arbitrary and discriminatory intrusions upon the constitutionally protected civil liberties of our citizens. When confronted with such evidence a court is obliged not to shut its eyes and ears in honor of effective law enforcement, but must suppress any evidence seized as a result of such unconstitutional…

2Cases cited32 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Rakas v. IllinoisSupreme Court of the United States · 1979
  4. Delaware v. ProuseSupreme Court of the United States · 1979
  5. People v. De BourNew York Court of Appeals · 1976

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