People v. Caldwell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in denying his motion to suppress evidence on the ground that he did not voluntarily consent to be searched by the police. We disagree. The People bear the heavy burden of establishing, from the totality of the circumstances, that a consent to search was freely and voluntarily given (see, People v Gonzalez, 39 NY2d 122, 128). The factors to be considered in determining the voluntariness of a consent to search are whether the accused was in custody at the time consent was given; whether the accused knew that…
2Cases cited9 opinions
- People v. GonzalezNew York Court of Appeals · 1976
- People v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1984
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 1988
- People v. PolancoAppellate Division of the Supreme Court of the State of New York · 1991
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by28 opinions
- People v. LawrenceAppellate Division of the Supreme Court of the State of New York · 2016
- People v. LayouAppellate Division of the Supreme Court of the State of New York · 2010
- People v. DanielsAppellate Division of the Supreme Court of the State of New York · 2010
- People v. YeldonAppellate Division of the Supreme Court of the State of New York · 1998
- People v. ShawAppellate Division of the Supreme Court of the State of New York · 2004
23 more not listed; retrieve them via the Exa API.