Legal Opinion

People v. Calhoun

New York Court of Appeals

Decided February 14, 1980PublishedCited by 42 opinions

1Opinion of the Court

*401OPINION OF THE COURT

Fuchsberg, J.

In the circumstances of this case, we hold that the warrantless search of the defendant’s residential apartment by two fire marshals in the aftermath of a fire whose cause they were intent on discovering did not abuse the proscriptions of either the Fourth Amendment to the Federal Constitution or the comparable protection to be found in section 12 of article I of our State Constitution.

The question arises in the following context:

A jury has convicted defendant, James Calhoun, of arson in the third degree, reckless endangerment in the second degree and assault…

2Cases cited12 opinions

  1. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  2. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  3. Michigan v. TylerSupreme Court of the United States · 1978
  4. See v. City of SeattleSupreme Court of the United States · 1967
  5. Miller v. United StatesSupreme Court of the United States · 1958

7 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. State v. GrantOhio Supreme Court · 1993
  2. People v. ScottNew York Court of Appeals · 1992
  3. People v. GalakNew York Court of Appeals · 1993
  4. People v. KnappNew York Court of Appeals · 1981
  5. People v. HollowayIllinois Supreme Court · 1981

37 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API