Legal Opinion · Dissent

People v. Glia

Appellate Division of the Supreme Court of the State of New York

Decided December 19, 1996Published

1Dissent

Rosenberger, J. P. (dissenting).

"In terms that apply equally *74to seizures of property and to seizures of persons, the Fourth Amendment hás drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant.” (Payton v New York, 445 US 573, 590.)

The police entered the defendant’s home, at night, forcibly breaking the door, without a warrant. The police had the house surrounded, and made their entry some two hours after the defendant had refused them admission by not responding to their knocking at the door or to their…

2Cases cited6 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. United States v. SantanaSupreme Court of the United States · 1976
  3. People v. HarrisNew York Court of Appeals · 1991
  4. People v. CruzAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. JacoboAppellate Division of the Supreme Court of the State of New York · 1994

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