Legal Opinion

People v. Manganaro

New York Supreme Court

Decided October 15, 1990PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Steven W. Fisher, J.

The primary question on this motion to suppress is whether the police may conduct a purposeful visual search of the interior of an occupied automobile without cause. The issue involves the plain view exception to the Fourth Amendment’s *617warrant requirement and whether New York law has been affected by the Supreme Court’s recent holding in Horton v California (496 US —, 110 S Ct 2301, 110 L Ed 2d 112) which eliminated the element of inadvertence from the Federal law of plain view.

The facts here are largely undisputed.

On the afternoon of December 13,1989,…

2Cases cited55 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. Ker v. CaliforniaSupreme Court of the United States · 1963
  4. Horton v. CaliforniaSupreme Court of the United States · 1990
  5. People v. De BourNew York Court of Appeals · 1976

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3Cited by1 opinion

  1. People v. ManganaroAppellate Division of the Supreme Court of the State of New York · 1991

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