Legal Opinion

People v. Hauser

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 1981PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

SCHNEPP, J.

The main issue on this appeal is whether the pat-down search conducted by the police deprived defendant of his Fourth Amendment rights, requiring suppression of a loaded handgun found on his person and his subsequent confession. We hold that in the circumstance of this case the search violated defendant’s constitutional rights and that *461County Court erred in denying defendant’s suppression motions.

The relevant facts are as follows: At approximately 6:00 P.M. on February 23, 1970 James Clouden, a Buffalo police officer, while working a second job as a security…

2Cases cited14 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Brown v. IllinoisSupreme Court of the United States · 1975
  4. Sibron v. New YorkSupreme Court of the United States · 1968
  5. Dunaway v. New YorkSupreme Court of the United States · 1979

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

3Cited by9 opinions

  1. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2000
  2. People v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. KinsellaAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. LarkinsAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. WatsonAppellate Division of the Supreme Court of the State of New York · 1983

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

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