Legal Opinion
People v. Rech
Monroe County Court
Decided May 17, 2017PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Christopher S. Ciaccio, J.
The People appeal from a decision and order of Wheatland Town Court* (Litteer, J.) dismissing all charges against the defendant on the rationale that law enforcement, in entering the defendant’s home and arresting the defendant for refusing to hand over his child pursuant to a custody order of Acting State Supreme Court Justice John Owens, had committed a “violation of the 4th amendment,” or a “Payton violation.”
Because law enforcement cannot, absent a warrant of arrest following a judicial finding of contempt, seize and arrest a person because he…
2Cases cited10 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- People v. PeacockNew York Court of Appeals · 1986
- People v. LupinacciAppellate Division of the Supreme Court of the State of New York · 1993
- People v. RossiNew York Court of Appeals · 1992
- People v. CoppaNew York Court of Appeals · 1978
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rech v. Monroe CountyDistrict Court, W.D. New York · 2022