Legal Opinion
People v. Gomez
New York Court of Appeals
Decided October 25, 2005PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Cipakick, J.
The question presented by this appeal is whether a police officer may conduct a destructive search of an automobile based on a suspect’s general consent to search. We conclude as a matter of law that the search here exceeded the scope of defendant’s consent.
Just past midnight on September 27, 2001, Sergeant William Planeta and his partner, Officer Joseph Agresta, spotted a black 1993 Honda with tinted windows. A computer check on the car failed to turn up any negative information. After following the car for approximately 20 blocks, the officers pulled it over…
2Cases cited11 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Carroll v. United StatesSupreme Court of the United States · 1925
- United States v. RossSupreme Court of the United States · 1982
- Florida v. JimenoSupreme Court of the United States · 1991
- Ohio v. RobinetteSupreme Court of the United States · 1996
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State v. MooreSupreme Court of Kansas · 2007
- People v. KalabakasAppellate Division of the Supreme Court of the State of New York · 2020
- People v. HallAppellate Division of the Supreme Court of the State of New York · 2006
- People v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2006
- State v. MooreCourt of Appeals of Kansas · 2005
27 more not listed; retrieve them via the Exa API.