Legal Opinion
Monserrate v. Upper Court Street Book Store, Inc.
New York Court of Appeals
Decided February 12, 1980PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The order of the Appellate Division should be reversed, without costs, and the order of Supreme Court, Broome County, reinstated. The question certified is answered in the negative.
Before a Magistrate may properly issue a search warrant, he must first conduct a "full and searching inquiry into the facts on which the warrant application is based.” (People v Potwora, 48 NY2d 91, 95.) In this case, County Court fulfilled this obligation with respect to the allegedly obscene materials originally presented to it in support of the warrant application and, thus, these materials…
3Cases cited7 opinions
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- Lo-Ji Sales, Inc. v. New YorkSupreme Court of the United States · 1979
- A Quantity of Copies of Books v. KansasSupreme Court of the United States · 1964
- Finn's Liquor Shop, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1969
- People ex rel. Piccarillo v. New York State Board of ParoleNew York Court of Appeals · 1979
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4Cited by10 opinions
- In re BeinyAppellate Division of the Supreme Court of the State of New York · 1987
- In re WestchesterAppellate Division of the Supreme Court of the State of New York · 1985
- People ex rel. Victory v. TravisAppellate Division of the Supreme Court of the State of New York · 2001
- Matter of White v. State of N.Y. Tax Appeals Trib.Appellate Division of the Supreme Court of the State of New York · 2021
- In re Melinda I.Appellate Division of the Supreme Court of the State of New York · 1985
5 more not listed; retrieve them via the Exa API.