Legal Opinion

People v. Mahoney

New York Court of Appeals

Decided March 31, 1983PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

On this appeal, we are asked to decide whether police officers with knowledge that a warrant authorizing the search of a suspect’s home has been issued and is en route may enter those premises before the warrant arrives.

On May 16, 1981, at approximately 8:00 p.m., Detective Raymond Milham of the Town of Colonie Police Department and a police informant arrived at the Holiday Inn on Route 5 in Colonie, New York, intending to meet David Longe, who was to sell Detective Milham a quantity of cocaine. Pursuant to a prearranged plan, Detective Mil-ham and the informant…

2Cases cited1 opinion

  1. Payton v. New YorkSupreme Court of the United States · 1980

3Cited by14 opinions

  1. State of Iowa v. Lee Allen BreuerSupreme Court of Iowa · 2012
  2. People v. WhelanAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. CarsonAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. GoodellAppellate Division of the Supreme Court of the State of New York · 1990
  5. People v. MarkiewiczAppellate Division of the Supreme Court of the State of New York · 1998

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