Legal Opinion

People v. Jenkins

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

Decided November 13, 1980PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Hancock, Jr., J.

A police officer, after a lawful stop of an automobile, observed a pipe in plain view which he recognized as a “hash pipe”. After inspecting and smelling it, he detected *354that it contained marihuana residue. Was the seizure of the hash pipe as evidence lawful? This is the pivotal question in defendant’s appeal from his conviction on a plea of guilty to one count of criminal possession of a controlled substance in the fifth degree after his motion to suppress the evidence was denied.1 We hold that the seizure was proper and thus must differ with the Second…

2Cases cited14 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. Delaware v. ProuseSupreme Court of the United States · 1979
  4. United States v. RobinsonSupreme Court of the United States · 1973
  5. Stanley v. GeorgiaSupreme Court of the United States · 1969

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

3Cited by5 opinions

  1. State v. PenaNew Mexico Supreme Court · 1989
  2. People v. DattiloAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. DanceyAppellate Division of the Supreme Court of the State of New York · 1981
  4. State v. PenaNew Mexico Supreme Court · 1989
  5. State v. PenaNew Mexico Supreme Court · 1989

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