Legal Opinion
People v. Burger
New York Court of Appeals
Decided May 8, 1986PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
Alexander, J.
We hold today that Vehicle and Traffic Law § 415-a (5) (a), which authorizes warrantless inspections of vehicle dismantling businesses, and New York City Charter § 436, which authorizes warrantless searches of junkyards and other businesses storing used, discarded or secondhand merchandise, violate the constitutional proscription against unreasonable searches and seizures.
Defendant Joseph Burger is the owner of a junkyard in Brooklyn. Part of his business consists of dismantling automobiles and selling their parts. At about 12:00 noon on November 17, 1982,…
2Cases cited14 opinions
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
- Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
- Michigan v. TylerSupreme Court of the United States · 1978
- See v. City of SeattleSupreme Court of the United States · 1967
- United States v. BiswellSupreme Court of the United States · 1972
9 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- New York v. BurgerSupreme Court of the United States · 1987
- People v. ScottNew York Court of Appeals · 1992
- People v. KetaAppellate Division of the Supreme Court of the State of New York · 1991
- Gem Fin. Serv., Inc. v. City of N.Y.District Court, E.D. New York · 2018
- Murtaugh v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2007
33 more not listed; retrieve them via the Exa API.