Legal Opinion
People v. Kelly
Criminal Court of the City of New York
Decided February 1, 1974PublishedCited by 5 opinions
1Opinion of the CourtHoward E. Qoldflxjss, J.
The issues raised herein place into focus the conflict between the New York State rule which limits search incidental to a traffic violation arrest (People v. Marsh, 20 N Y 2d 98) and the Federal rule recently decided which permits full scale search under such circumstances (Gustafson v. Florida, 414 U. S. 260, and United States v. Robinson, 414 U. S. 218).
The defendant, by this motion, seeks to suppress the introduction of an alleged forged license in connection with the charge of violation of section 511 of the Vehicle and Traffic Law (driving with a suspended license), and section 170.25…
2Cases cited15 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Chambers v. MaroneySupreme Court of the United States · 1970
- Sibron v. New YorkSupreme Court of the United States · 1968
- United States v. RobinsonSupreme Court of the United States · 1973
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3Cited by5 opinions
- People v. BrisendineCalifornia Supreme Court · 1975
- State v. FloranceOregon Supreme Court · 1974
- People v. CopelandNassau County District Court · 1974
- People v. KellyAppellate Terms of the Supreme Court of New York · 1974
- State v. FloranceOregon Supreme Court · 1974