Legal Opinion
People v. Mangialino
New York County Courts
Decided October 17, 1973PublishedCited by 23 opinions
1Opinion of the Court
David 0. Boehm, J.
This is an application brought by the defendant for an order suppressing property seized pursuant to paragraph (a) or (b) of subdivision 2 of CPL 710.60 or for a hearing pursuant to CPL 710.60 (subd. 4).
The grounds for the motion are that the warrant was issued without probable cause and was improperly executed in (a) authorizing a general search for ‘ ‘ records, mail, correspondence and communications ” without a showing of probable cause therefor; (b) authorizing a nighttime search without any specified reason therefor; (c) authorizing a “ no-knock ” entry, absent the…
2Cases cited35 opinions
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Brinegar v. United StatesSupreme Court of the United States · 1949
- Jones v. United StatesSupreme Court of the United States · 1960
- United States v. VentrescaSupreme Court of the United States · 1965
- Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
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3Cited by23 opinions
- United States v. Gregory James Freeman and David Lyle Boese, A/K/A Dennis Phillip Stevens and David SterlingCourt of Appeals for the Fifth Circuit · 1982
- United States v. Howard Christine, Perry GraboskyCourt of Appeals for the Third Circuit · 1982
- Walthall v. StateCourt of Criminal Appeals of Texas · 1980
- People v. HansenNew York Court of Appeals · 1975
- Commonwealth v. CasuccioSuperior Court of Pennsylvania · 1982
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