Legal Opinion
People v. Tremblay
Appellate Division of the Supreme Court of the State of New York
Decided July 10, 1980PublishedCited by 11 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The voluntariness of a consent to search is not vitiated, per se, by the failure to give Miranda warnings to an accused while subject to custodial interrogation. There is no requirement that specific Fourth Amendment warnings be given to a suspect in custody (United States v Watson, 423 US 411, 424-425). Miranda warnings involve only. Fifth and Sixth Amendment rights and are *808not designed to warn an accused of his Fourth Amendment rights. In reviewing the validity of an apparent consent to search, courts need only determine whether consent was…
2Cases cited5 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- United States v. WatsonSupreme Court of the United States · 1975
- People v. ThomasNew York Court of Appeals · 1980
- People v. GonzalezNew York Court of Appeals · 1976
- People v. MichaelNew York Court of Appeals · 1979
3Cited by11 opinions
- People v. McCrayAppellate Division of the Supreme Court of the State of New York · 2012
- People v. OxleyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BosqueAppellate Division of the Supreme Court of the State of New York · 1980
- People v. PasseroAppellate Division of the Supreme Court of the State of New York · 1981
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2013
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