Legal Opinion

United States v. Santos

District Court, S.D. New York

Decided August 29, 2003No. 03 CR. 238(SAS)PublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER

SCHEINDLIN, District Judge.

When the police came to the home of defendant Rafael Santos they had neither a search warrant nor an arrest warrant, and they clearly lacked probable cause to arrest Santos. But the anonymous caller who led the officers to the apartment reported a disturbance in Apartment 2C of 1223 Wheeler Avenue (Santos’s apartment), and the complainant at the scene told the officers there was a gun in the drawer of the night-stand in Santos’s apartment. Rather than secure the premises and apply to the court for a search warrant, the police conducted a…

2Cases cited35 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Coolidge v. New HampshireSupreme Court of the United States · 1971
  5. Payton v. New YorkSupreme Court of the United States · 1980

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3Cited by4 opinions

  1. Webster v. City of New YorkDistrict Court, S.D. New York · 2004
  2. United States v. RudajDistrict Court, S.D. New York · 2005
  3. United States v. JamesDistrict Court, E.D. New York · 2006
  4. United States v. Real Property & Premises Known as 90-23 201st StreetDistrict Court, E.D. New York · 2011

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