Legal Opinion
Cortes v. City of New York
District Court, E.D. New York
Decided December 2, 2015No. 15 Civ. 1718 (BMC)PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
Brian M. Cogan, United States District Judge.
Under New York law, it is a crime to carry prescription medication outside of its original prescription container unless it is for current personal consumption. The issue before me is whether a police officer has probable cause to arrest and refer a suspect for prosecution when the suspect is carrying prescription medication in a photographic film canister, but that canister is in a box right next to the original prescription bottle that contains more of the same medication, and the suspect offers an explanation about…
2Cases cited19 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Malley v. BriggsSupreme Court of the United States · 1986
- Weyant v. OkstCourt of Appeals for the Second Circuit · 1996
- Elana Back v. Hastings on Hudson Union Free School District, John J. Russell, Anne Brennan, Marilyn WishnieCourt of Appeals for the Second Circuit · 2004
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3Cited by7 opinions
- Defalco v. Mta Bus Co.District Court, E.D. New York · 2018
- Fleurimond v. City of New YorkDistrict Court, E.D. New York · 2019
- Goonewardena v. SpinelliDistrict Court, E.D. New York · 2021
- Gutierrez v. The City of New YorkDistrict Court, E.D. New York · 2021
- Isaac Jollie-Coghlan v. City of Burlington, Vermont; Jon Murad, individually and in his official capacity as Chief of Police for the City of Burlington, Vermont; and Cory Campbell, individually and in his official capacity as a police officer for the City of Burlington, VermontDistrict Court, D. Vermont · 2025
2 more not listed; retrieve them via the Exa API.