People v. More
New York Court of Appeals
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
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- United States v. RobinsonSupreme Court of the United States · 1973
- Preston v. United StatesSupreme Court of the United States · 1964
- People v. DodtNew York Court of Appeals · 1984
- Swain v. SpinneyCourt of Appeals for the First Circuit · 1997
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3Cited by32 opinions
- People v. HallNew York Court of Appeals · 2008
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 2003
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2006
- People v. MothersellNew York Court of Appeals · 2010
- Murcia v. County of OrangeDistrict Court, S.D. New York · 2002
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