New York Search and Seizure

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New York Search and Seizure presents a comprehensive review of New York law on search and seizure issues. Topics discussed include the Fourth Amendment exclusionary rule, probable cause, street encounters on less than probable cause, law of arrest, search warrants, warrantless searches, motor vehicle stops, suppression motions and hearings, and conduct not covered by the Fourth Amendment. Includes citations to thousands of New York cases and extensive discussion of relevant U.S. Supreme Court decisions.

Aidala, Bertuna & Kamins ⟶.

 No area of search and seizure has caused more confusion than that of street encounters with the police where the officer acts on less than probable cause. Courts assess these encounters pursuant to People v DeBour and its four levels…

An arrest is the most intrusive action a police officer may take with respect to a citizen. Once a lawful arrest is established, a number of consequences will occur involvingthe search for evidence and the recovery of contraband.

When a citizen has a reasonable expectation of privacy, the invasion of that privacy constitutes a search within the meaning of the Fourth Amendment. Many searches without a warrant are unconstitutional.

The searches of automobiles and the seizure of evidence is a topic that has caused great confusion in the courts. There are different legal principles that apply to the stop of an automobile and the interaction with the driver and occupants as well as the search of the car itself.