Legal Opinion · Dissent
People v. Paige
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 2010Published
1Dissent
McCarthy, J. (dissenting).
The Fourth Amendment to the US Constitution provides citizens with protection from unreasonable searches by the government. Both it and the NY Constitution state that “[t]he right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated” (NY Const, art I, § 12; US Const 4th Amend). Consistent therewith, police officers may only execute an arrest warrant in a suspect’s residence if they have a reasonable belief that the suspect is present therein (see CPL 120.80 [4]). Because “physical…
2Cases cited8 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Payton v. New YorkSupreme Court of the United States · 1980
- United States v. United States District Court for the Eastern District of MichiganSupreme Court of the United States · 1972
- United States v. Phillip LauterCourt of Appeals for the Second Circuit · 1995
- United States v. MaglutaCourt of Appeals for the Eleventh Circuit · 1995
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