You are here: / / No “Exigent Circumstances”/Warrantless Search of Defendant’s Purse Incid...
, ,

No “Exigent Circumstances”/Warrantless Search of Defendant’s Purse Incident to Arrest for Trespassing Not Justified

In a full-fledged opinion by Judge Lippman, over a partial dissent, the Court of Appeals determined the “exigent circumstances” exception to the warrant requirement did not apply and, therefore, the search of defendant’s purse incident to a “trespassing” arrest was not justified. The loaded handgun in the purse should have been suppressed. The court explained the relevant law:

Under the State Constitution, to justify a warrantless search incident to arrest, the People must satisfy two separate requirements. The first imposes spatial and temporal limitations to ensure that the search is “not significantly divorced in time or location from the arrest” … .The second, and equally important, predicate requires the People to demonstrate the presence of exigent circumstances … . We have recognized two interests underlying the exigency requirement: “the safety of the public and the arresting officer; and the protection of evidence from destruction or concealment” … . Exigency must be affirmatively demonstrated. Accordingly, even a bag “within the immediate control or 'grabbable area' of a suspect at the time of his arrest may not be subjected to a search incident to arrest, unless the circumstances leading to the arrest support a reasonable belief that the suspect may gain possession of a weapon or be able to destroy evidence located in the bag” … . People v Jimenez, 23, CtApp 2-25-14 

 

You might also like
THE ERRONEOUSLY UNSEALED RECORD OF A CRIMINAL PROCEEDING TERMINATED IN FAVOR OF THE DEFENDANT SHOULD NOT HAVE BEEN CONSIDERED BY THE SENTENCING COURT, MATTER REMITTED FOR RESENTENCING (CT APP).
DEFENDANT’S WAIVER OF APPEAL WAS UNENFORCEABLE; “DIFFICULTIES” BETWEEN DEFENDANT AND TWO ATTORNEYS ASSIGNED TO REPRESENT HIM DID NOT AMOUNT TO DEFENDANT’S FORFEITURE OF HIS RIGHT TO COUNSEL, AS THE TRIAL JUDGE HAD RULED (CT APP).
There Is No Legal or Constitutional Authority for a Pre-Execution Challenge to a Search Warrant—Facebook’s Attempt to Quash Search Warrants Seeking All the Information in 381 Subscribers’ Facebook Accounts Was Rejected
WHERE THERE IS A FACTUAL DISPUTE ON A MATERIAL ISSUE WHICH MUST BE RESOLVED BEFORE THE COURT CAN DECIDE A LEGAL ISSUE, THE FACTUAL DISPUTE MUST BE RESOLVED IN A HEARING BEFORE THE COURT CAN DECIDE THE LEGAL ISSUE; WHETHER THE RECORD GIVES RISE TO A FACTUAL DISPUTE ON A MATERIAL ISSUE IS A QUESTION OF LAW (CT APP).
PRE-SENTENCE INCARCERATION, AS PART OF A PLEA AGREEMENT, DID NOT RENDER THE SUBSEQUENT SENTENCE ILLEGAL, THEREFORE OBJECTION TO SENTENCE WAS SUBJECT TO THE PRESERVATION REQUIREMENT; CRITERIA FOR OUTLEY HEARING EXPLAINED.
Civil Commitment of Two Sex Offenders Reversed—In One Case the Proof the Offender Had “Serious Difficulty In Controlling” His Sexual Conduct Within the Meaning of Article 10 of the Mental Hygiene Law Was Legally Insufficient—In the Other Case, Proof the Offender Suffered from Anti-Social Personality Disorder (ASPC) Alone Did Not Meet the Definition of “Mental Abnormality” in Article 10 of the Mental Hygiene Law
THE ROADBLOCK VEHICLE-STOP WAS VALID; THE SEARCH BASED UPON AN ODOR OF MARIJUANA WOULD NOT HAVE BEEN VALID UNDER THE MARIHUANA REGULATION AND TAXATION ACT (MRTA) BUT THE COURT REFUSED TO APPLY THE MRTA RETROACTIVELY; ONE DISSENT ARGUED DEFENDANT’S CHALLENGE TO PROHIBITING FELONS FROM OBTAINING GUN LICENSES HAD MERIT; THE OTHER DISSENT ARGUED THE ROADBLOCK PROCEDURE WAS NOT DEMONSTRATED TO BE CONSTITUTIONAL (CT APP). ​
APPRENTICES WHO WORK OUTSIDE THE THEIR APPRENTICESHIP TRAINING CANNOT BE PAID THE LOWER APPRENTICE RATES, HERE APPRENTICE GLAZIERS DOING IRONWORK WHEN INSTALLING STOREFRONTS MUST BE PAID AT THE HIGHER JOURNEY-LEVEL RATE (CT APP).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

“Presumption of Compensability” Applied Criteria for a Civil Contempt Finding