Legal Opinion

Reyes v. Rosetti

Civil Court of the City of New York

Decided September 7, 1965PublishedCited by 9 opinions

1Opinion of the CourtSidney H. Asch, J.

This is an action instituted by the plaintiff to replevin $502 in United States currency, which is being held by the Police Property Clerk of the City of New York. It squarely presents the significant problem of whether to apply the doctrine of Mapp v. Ohio (367 U. S. 643 [1961]) in a Civil Court action.

The plaintiff, Leonida Reyes, was arrested on February 1, 1964, in her apartment, for the alleged violation of sections 974, 974-a and 975 of the Penal Law, involving the laws against gambling. The New York City Police Department, in the person of a police officer, undeniably took the currency…

2Cases cited7 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Weeks v. United StatesSupreme Court of the United States · 1914
  3. One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
  4. Lebel v. SwincickiMichigan Supreme Court · 1958
  5. Angrisani v. RosettiCivil Court of the City of New York · 1962

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Turner v. City of LawtonSupreme Court of Oklahoma · 1986
  2. Chmielewski v. RosettiAppellate Terms of the Supreme Court of New York · 1969
  3. Dwyer v. County of NassauNew York Supreme Court · 1971
  4. Dixson v. StateNew York Court of Claims · 1967
  5. Herndon v. City of IthacaAppellate Division of the Supreme Court of the State of New York · 1973

4 more not listed; retrieve them via the Exa API.

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