Legal Opinion
People v. Johnson
New York Court of Appeals
Decided December 19, 1979PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
The qhestion posed by this appeal is whether, after a request for counsel has been made by a suspect in custody, his consent to a warrantless search of his premises may be obtained by a request immediately addressed to him in the absence of counsel. We hold that a consent so obtained is unavailing.
Acting on information from participants in an ongoing series of thefts of building materials, Deputy Sheriff Price of the Dutchess County Sheriff’s Department went to defendant’s premises about 6:30 in the early evening of August 26, 1975. On ascertaining defendant’s…
2Cases cited4 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- People v. GonzalezNew York Court of Appeals · 1976
- People v. GrantNew York Court of Appeals · 1978
- Fare, Acting Chief Probation Officer v. Michael C.Supreme Court of the United States · 1978
3Cited by12 opinions
- People v. EspositoNew York Court of Appeals · 1986
- State v. CodySouth Dakota Supreme Court · 1982
- Kreijanovsky v. StateCourt of Criminal Appeals of Oklahoma · 1985
- United States v. TaftDistrict Court, D. Vermont · 1991
- Commonwealth v. BarnesMassachusetts Appeals Court · 1985
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