Legal Opinion

The People v. Oscar Sanders

New York Court of Appeals

Decided February 23, 2016No. 22PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Fahey, J.

The primary issue on this appeal is whether defendant’s constitutional right to be free from unreasonable searches and seizures was violated when police took defendant’s clothing, which had been placed in a clear hospital bag, without either a warrant or his consent. Under the circumstances of this case, we conclude that the seizure was unconstitutional, and that the part of defendant’s motion seeking to suppress that physical evidence should have been granted.

On August 11, 2010, defendant “walked in” to Jamaica Hospital in Queens seeking treatment for a gunshot…

2Cases cited8 opinions

  1. Minnesota v. DickersonSupreme Court of the United States · 1993
  2. Jones v. United StatesSupreme Court of the United States · 1958
  3. People v. LaFontaineNew York Court of Appeals · 1998
  4. People v. BrownNew York Court of Appeals · 2001
  5. Caruso v. WardNew York Court of Appeals · 1988

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3Cited by16 opinions

  1. People v. MortelAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. GoughAppellate Division of the Supreme Court of the State of New York · 2022
  3. People v. RiceAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. SwiftAppellate Division of the Supreme Court of the State of New York · 2020
  5. Matter of Owner Operator Ind. Drivers Assn., Inc. v. New York State Dept. of Transp.Appellate Division of the Supreme Court of the State of New York · 2022

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