Legal Opinion
People v. Evans
New York Court of Appeals
Decided November 21, 1977PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
This case involves the elemental question of whether or not the existence of probable cause to arrest justifies a full search where the arrest was not made until one month after the search. Stated differently, the issue before us is whether a warrantless search of the defendant’s person may be conducted solely on the basis of such probable cause. We hold that without a contemporaneous arrest such a warrantless search is violative of constitutional rights.
On October 4, 1974 Deputy Sheriff John Scirri was working as an undercover narcotics agent for the Erie…
2Cases cited14 opinions
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- People v. CrimminsNew York Court of Appeals · 1975
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Sibron v. New YorkSupreme Court of the United States · 1968
- United States v. MarionSupreme Court of the United States · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- State v. CrutcherTennessee Supreme Court · 1999
- People v. LandyNew York Court of Appeals · 1983
- Commonwealth v. WashingtonMassachusetts Supreme Judicial Court · 2007
- People v. DoryNew York Court of Appeals · 1983
- Commonwealth v. SkeaMassachusetts Appeals Court · 1984
65 more not listed; retrieve them via the Exa API.