AVAILABLE 24/7
212-213-8511

December 29, 2014

Pardalis & Nohavicka Criminal Law Update: Search Incident To Arrest

Court of Appeals holds that "search incident to arrest" doctrine, by its nature, requires proof that, at the time of the search, an arrest has already occurred or is about to occur. Where no arrest has yet taken place, the officer must have intended to make one if the "search incident" exception is to be applied. In this case, the police officer testified at the suppression hearing that he did not intend to arrest defendant until he discovered the switchblade in defendant's pocket. Switchblade suppressed.
People v Reid 2014 NY Slip Op 08759 Decided on December 16, 2014

Read more: http://www.courts.state.ny.us/…/3dseries/2014/2014_08759.htm

Connect with us

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. 
The viewing of this website does not constitute an attorney-client relationship. Attorney Advertising: Prior results DO NOT guarantee similar results.

Copyright © 2021 Pardalis & Nohavicka LLP. All Rights Reserved. Website Designed & Developed by ECONSTRUO
magnifier linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram