Legal Opinion
People v. Pavia
Criminal Court of the City of New York
Decided August 19, 1985Published
1Opinion of the Court
OPINION OF THE COURT
Michael J. Brennan, J.
The defendant moves to suppress the introduction into evidence at trial two video cassettes which are essential to the prosecution of him on charges of obscenity in the third degree (Penal Law § 235.05 [two counts]).
The defendant argues that the retention of the videotapes by the police after the 24-hour rental period constitutes an illegal seizure in violation of his 1st and 4th Amendment rights under the US Constitution and the NY Constitution. He also contends that the continued retention of the tapes, without a valid warrant for their seizure…
2Cases cited11 opinions
- Johnson v. United StatesSupreme Court of the United States · 1948
- Stanford v. TexasSupreme Court of the United States · 1965
- Lewis v. United StatesSupreme Court of the United States · 1967
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- Lo-Ji Sales, Inc. v. New YorkSupreme Court of the United States · 1979
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