Legal Opinion

People v. Fortunato

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

Decided December 12, 1975PublishedCited by 20 opinions

1Opinion of the Court

Moule, J. P.

The questions presented on this appeal are (1) may a probationer’s residence be searched without a warrant by his probation officer and (2) may a probationer be required, as a condition of his probation, to consent to such a search.

The facts are basically undisputed. Defendant was arrested on October 2, 1973 after a warrantless search of his apartment, conducted by his probation officer and two policemen, turned up a quantity of marijuana. At the time of his arrest he was serving a five-year term of probation following a plea of guilty to a charge of criminal possession of a…

2Cases cited8 opinions

  1. Wyman v. JamesSupreme Court of the United States · 1971
  2. People v. SantosAppellate Division of the Supreme Court of the State of New York · 1969
  3. People v. SantosNew York Court of Appeals · 1969
  4. People v. Chinnici, New York County Courts1966
  5. People v. RandazzoNew York Court of Appeals · 1964

3 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. PerbixNorth Dakota Supreme Court · 1983
  2. Bowen v. County of WestchesterDistrict Court, S.D. New York · 2010
  3. State v. TurnerCourt of Appeals of Arizona · 1984
  4. State v. KrousNorth Dakota Supreme Court · 2004
  5. Allen v. Passaic Cty.New Jersey Superior Court Appellate Division · 1986

15 more not listed; retrieve them via the Exa API.

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