People v. Mortimer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSimons, J.
Defendant has been convicted of possession of a dangerous drug after a plea of guilty. He contends that the court erred in denying suppression of evidence contained in a gym. bag taken by the police from his rented room at his parents’ home. The search and seizure were made without a warrant but with the consent -of defendant’s parents after defendant had expressly denied the police permission to search his room.
The question is what effect defendant’s prior refusal had on the legality of the search, assuming that his parents had sufficient interest in the bedroom to consent to its search.
*276The…
2Cases cited15 opinions
- United States v. MatlockSupreme Court of the United States · 1974
- McDonald v. United StatesSupreme Court of the United States · 1948
- Stoner v. CaliforniaSupreme Court of the United States · 1964
- Frazier v. CuppSupreme Court of the United States · 1969
- Tompkins v. Superior CourtCalifornia Supreme Court · 1963
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3Cited by13 opinions
- United States v. Kenneth D. HendrixCourt of Appeals for the D.C. Circuit · 1979
- State v. DouglasNew Jersey Superior Court Appellate Division · 1985
- Lawton v. StateDistrict Court of Appeal of Florida · 1975
- State v. BensonIdaho Court of Appeals · 1999
- People v. KelleyAppellate Division of the Supreme Court of the State of New York · 1995
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