People v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
The primary issues before us are: (1) defendant’s standing; (2) was there probable cause to search the brown *75paper bag situated between defendant, seated in the front passenger seat of the vehicle, and Brenda Martinez, who was seated in the driver’s seat; and (3) have the People established that there was a voluntary consent to the warrantless search. In our view, defendant does have requisite standing and, at the time, there was no basis rising to the level of reasonable suspicion to search the bag and defendant’s person. The record also supports the finding by…
2Cases cited26 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Carroll v. United StatesSupreme Court of the United States · 1925
- Rakas v. IllinoisSupreme Court of the United States · 1979
- Beck v. OhioSupreme Court of the United States · 1964
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3Cited by29 opinions
- People v. BurtonNew York Court of Appeals · 2006
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2005
- People v. BuntingAppellate Division of the Supreme Court of the State of New York · 1988
- People v. KnightAppellate Division of the Supreme Court of the State of New York · 1988
- People v. DixonAppellate Division of the Supreme Court of the State of New York · 1992
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