People v. Gonzalez
New York Court of Appeals
POINTS OF COUNSEL The warrantless search of a closed bag found in appellant’s car, conducted without any cause to believe the car or bag contained contraband, violated appellant’s State constitutional right to be free from unreasonable searches and seizures since it exceeded the scope of a proper inventory search.
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POINTS OF COUNSEL The warrantless search of a closed bag found in appellant’s car, conducted without any cause to believe the car or bag contained contraband, violated appellant’s State constitutional right to be free from unreasonable searches and seizures since it exceeded the scope of a proper inventory search. (People v Roman, 53 NY2d 39; South Dakota v Opperman, 428 US 364; People v Belton, 55 NY2d 49; People v Farrell, 89 AD2d 987; United States v Ross, 456 US 798; Almeida-Sanchez v United States, 413 US 266; Coolidge v New Hampshire, 403 US 443; People v Etoll, 51 NY2d 840; People v…
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Defendant appeals from an order of the Appellate Division affirming a judgment of Supreme Court, bringing up for review a prior order denying suppression, which convicted him of criminal possession of a controlled substance in the fifth degree (cocaine). The issue is whether the police lawfully searched a closed container found in defendant’s car, without a warrant, as part of an inventory search. The Appellate Division majority, finding that “[cjoncededly the police had the right to make an inventory search of the car”, approved the seizure. Two Justices…
2Cases cited10 opinions
- Delaware v. ProuseSupreme Court of the United States · 1979
- South Dakota v. OppermanSupreme Court of the United States · 1976
- United States v. ChadwickSupreme Court of the United States · 1977
- Cady v. DombrowskiSupreme Court of the United States · 1973
- Arkansas v. SandersSupreme Court of the United States · 1979
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3Cited by80 opinions
- Colorado v. BertineSupreme Court of the United States · 1987
- People v. JohnsonNew York Court of Appeals · 1985
- People v. BlasichNew York Court of Appeals · 1989
- People v. P. J. Video, Inc.New York Court of Appeals · 1986
- People v. TurriagoNew York Court of Appeals · 1997
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