Legal Opinion

People v. More

New York Court of Appeals

Decided February 19, 2002PublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

Levine, J.

Defendant was convicted of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]), resisting arrest (Penal Law § 205.30) and false personation (Penal Law § 190.23). The drug possession counts related to 2.37 grams of crack cocaine which the police extracted from defendant’s rectum during a strip search incident to his arrest. The dispositive issue on this appeal is the validity of that seizure under the Fourth Amendment of the United…

2Cases cited7 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. United States v. RobinsonSupreme Court of the United States · 1973
  3. Preston v. United StatesSupreme Court of the United States · 1964
  4. People v. DodtNew York Court of Appeals · 1984
  5. Swain v. SpinneyCourt of Appeals for the First Circuit · 1997

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3Cited by32 opinions

  1. People v. HallNew York Court of Appeals · 2008
  2. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2003
  3. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. MothersellNew York Court of Appeals · 2010
  5. Murcia v. County of OrangeDistrict Court, S.D. New York · 2002

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

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