People v. Springer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Brown, J.
The primary issue on this appeal is whether the People have sustained their burden of demonstrating that the defendant freely and voluntarily consented to the warrant-less search of his vehicle by the police. In our view that burden has not been met and, accordingly, the County Court should have granted defendant’s motion to suppress and dismissed the indictment.
At about 8:40 p.m. on the evening of December 5, 1980, Police Officer Marc Needleman of the Nassau County *210Police Department received a radio transmission declaring that a “stickup” had occurred at a Key…
2Cases cited10 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Carroll v. United StatesSupreme Court of the United States · 1925
- United States v. RossSupreme Court of the United States · 1982
- People v. CantorNew York Court of Appeals · 1975
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3Cited by12 opinions
- People v. OatesAppellate Division of the Supreme Court of the State of New York · 1984
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1986
- People v. BuggsAppellate Division of the Supreme Court of the State of New York · 1988
- People v. LedesmaCalifornia Supreme Court · 1987
- People v. MiddletonAppellate Division of the Supreme Court of the State of New York · 1986
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