Legal Opinion
People v. Belton
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 1979PublishedCited by 4 opinions
1Opinion of the Court
*199OPINION OF THE COURT
Moule, J.
On this appeal defendant contends that the trial court erred in denying his motion to suppress cocaine found in his jacket which was searched without a warrant in the rear seat of an automobile from which defendant had exited in order to be arrested for possession of marihuana. On April 9, 1978 a State Police officer observed an automobile with four passengers traveling 75 miles per hour on the New York State Thruway. Upon stopping the auto and questioning the driver, the officer smelled the odor of marihuana coming from within the auto and observed on the floor…
2Cases cited14 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- United States v. RobinsonSupreme Court of the United States · 1973
- United States v. ChadwickSupreme Court of the United States · 1977
- People v. PerelNew York Court of Appeals · 1974
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3Cited by4 opinions
- People v. BeltonNew York Court of Appeals · 1980
- Government of the Virgin Islands v. Rasool, Abiff HiramCourt of Appeals for the Third Circuit · 1981
- Government of the Virgin Islands v. Rasool, Abiff HiramCourt of Appeals for the Third Circuit · 1981
- People v. LevanAppellate Division of the Supreme Court of the State of New York · 1983