Legal Opinion
People ex rel. Gordon v. O'Flynn
New York Supreme Court
Decided April 21, 2004PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Kenneth R. Fisher, J.
*964A decision nearly a quarter of a century ago in People ex rel. Piccarillo v New York State Bd. of Parole (48 NY2d 76 [1979]) held that the Fourth Amendment exclusionary rule applies in parole revocation proceedings in this state. A number of subsidiary rules were established. Because a hearing officer in the parole revocation proceeding cannot make the decision whether evidence should be suppressed (People ex rel. Robertson v New York State Div. of Parole, 67 NY2d 197 [1986]; Matter of Finn’s Liq. Shop v State Liq. Auth., 24 NY2d 647, 657 n 2 [1969];…
2Cases cited46 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- County of Sacramento v. LewisSupreme Court of the United States · 1998
- Illinois v. WardlowSupreme Court of the United States · 2000
- United States v. CalandraSupreme Court of the United States · 1974
- California v. Hodari D.Supreme Court of the United States · 1991
41 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. O'FlynnNew York Supreme Court, Monroe County · 2004
- State v. HarderNew York Supreme Court · 2005