Legal Opinion

People v. Hall

New York Court of Appeals

Decided March 25, 2008PublishedCited by 99 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

In this case, we must consider whether it is constitutionally permissible for police to subject a person arrested for a drug sale to a visual body inspection followed by a body cavity search without first obtaining a warrant. We conclude that a visual body inspection may be conducted if the police have a factual basis supporting a reasonable suspicion that the arrestee has evidence concealed inside a body cavity and the search is conducted in a reasonable manner. If the visual inspection reveals the presence of a suspicious object, the police must obtain a…

2Cases cited15 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. United States v. ArvizuSupreme Court of the United States · 2002
  4. United States v. RobinsonSupreme Court of the United States · 1973
  5. Brigham City v. StuartSupreme Court of the United States · 2006

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3Cited by99 opinions

  1. Gonzalez v. City of SchenectadyCourt of Appeals for the Second Circuit · 2013
  2. Stansbury v. WertmanCourt of Appeals for the Second Circuit · 2013
  3. Sloley v. VanBramerCourt of Appeals for the Second Circuit · 2019
  4. United States v. ScottDistrict of Columbia Court of Appeals · 2010
  5. People v. MothersellNew York Court of Appeals · 2010

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