green
Positive treatment
5.4 score
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 13 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Johnson v. Rodriguez
See Olim v. Wakinekona, 461 U.S. 238, 250-251 , 103 S.Ct. 1741, 1748 , 75 L.Ed.2d 813 (1983); Jago, 454 U.S. at 16-18, 102 S.Ct. at 34 ; Meachum v. Fano, 427 U.S. 215, 223-225 , 96 S.Ct. 2532, 2538 , 49 L.Ed.2d 451 (1976); Jay v. Boyd, 351 U.S. 345, 352-361 , 76 S.Ct. 919, 924-928 , 100 L.Ed. 1242 (1956).
discussed
Cited "see"
People v. Butkiewicz
The police may lawfully conduct a warrantless search by "'showing that permission to search was obtained from a third party who possessed common authority over or other sufficient relationship to the premises or effects sought to be inspected'" ( People v Gonzalez , 88 NY2d 289, 293 [1996] [brackets and emphasis omitted], quoting United States v Matlock , 415 US 164, 171 [1974]; see People v Adams , 53 NY2d 1, 8 [1981], cert denied 454 US 854 [1981]).
discussed
Cited "see"
People v. Edwards
Turning to the merits of defendant’s argument, law enforcement “may lawfully conduct a warrantless search of a premises when they have obtained the voluntary consent of a party who possesses the requisite degree of authority and control over it” (People v Dean, 46 AD3d 1229, 1231 [2007], lv denied 10 NY3d 763 [2008]; see People v Adams, 53 NY2d 1, 8-10 [1981], cert denied 454 US 854 [1981]; People v Ortiz, 87 AD3d 602, 603 [2011], lv denied 17 NY3d 954 [2011]).
discussed
Cited "see"
People v. Edwards
Turning to the merits of defendant’s argument, law enforcement “may lawfully conduct a warrantless search of a premises when they have obtained the voluntary consent of a party who possesses the requisite degree of authority and control over it” (People v Dean, 46 AD3d 1229, 1231 [2007], lv denied 10 NY3d 763 [2008]; see People v Adams, 53 NY2d 1, 8-10 [1981], cert denied 454 US 854 [1981]; People v Ortiz, 87 AD3d 602, 603 [2011], lv denied 17 NY3d 954 [2011]).
discussed
Cited "see"
People v. Porter
We conclude that the People met their heavy burden of establishing that the owner voluntarily consented to the search of the premises (see generally People v Gonzalez, 39 NY2d 122, 127-128 [1976]), and that the police had a good faith basis to believe that the owner had the authority to consent to the search of the entire premises (see People v Fontaine, 27 AD3d 1144, 1145 [2006], lv denied 6 NY3d 847 [2006]; see generally People v Adams, 53 NY2d 1, 9 [1981], rearg denied 54 NY2d 832 [1981], cert denied 454 US 854 [1981]; People v Loomis, 17 AD3d 1019, 1020 [2005], lv denied 5 NY3d 830 [2005])…
discussed
Cited "see"
People v. Ortiz
While there are situations where private conduct may be “so imbued with governmental involvement that it loses its character . . . and calls into play the full panoply of [4th] Amendment protections” (People v Adler, 50 NY2d 730, 737 [1980], cert denied 449 US 1014 [1980]; see People v Adams, 53 NY2d 1 [1981], cert denied 454 US 854 [1981]), we do not find that here.
cited
Cited "see"
Rupert v. Johnson
See United States v. Greer, 643 F.2d 280 , 283 n. 9 (5th Cir.1981), cert. denied, 454 U.S. 854 , 102 S.Ct. 300 , 70 L.Ed.2d 147 (1981). .
cited
Cited "see"
Alexander v. State
See Williams v. Briscoe, 641 F.2d 274, 276 (5th Cir.), cert. denied, 454 U.S. 854 , 102 S.Ct. 299 , 70 L.Ed.2d 147 (1981).
cited
Cited "see"
Ernest M. Serio v. Members of Louisiana State Board of Pardons, Howard Marsellus, Jr.
See Williams v. Briscoe, 641 F.2d 274 (5th Cir. Unit A), cert. denied, 454 U.S. 854 , 102 S.Ct. 299 , 70 L.Ed.2d 147 (1981). 26 .
cited
Cited "see"
State v. Smith
See People v. Adams, 53 N.Y.2d 1 , 422 N.E.2d 537 , 439 N.Y.S.2d 877 , cert. denied, 454 U.S. 854 , 102 S.Ct. 301 , 70 L.Ed.2d 148 (1981).
discussed
Cited "see, e.g."
People v. Perulli
Given these circumstances, especially the fact that defendant left the box in the shared bedroom where it could be seen by the wife without having to bend down and therefore could be accessed by her, County Court properly found that the wife possessed the requisite authority to consent to the search of the residence and that the police officers' belief regarding the wife's authority was reasonable ( see People v Butkiewicz , 175 AD3d at 796; People v Lancaster , 143 AD3d at 1050 ; see also People v Adams , 53 NY2d 1, 9 [1981], cert denied 454 US 854 [1981]; compare People v Gonzalez , 88 NY2d …
discussed
Cited "see, e.g."
Commonwealth v. Hughes
(2×)
See State v. Maristany, 133 N.J. 299 , 627 A.2d 1066 (1993); see also People v. Adams, 53 N.Y.2d 1 , 439 N.Y.S.2d 877 , 422 N.E.2d 537 (1981), cert. denied, 454 U.S. 854 , 102 S.Ct. 301 , 70 L.Ed.2d 148 (1981). .
discussed
Cited "see, e.g."
People v. Segna
In accordance with that designation, these officers have, inter alla, "[t]he power to carry out warrantless searches whenever such searches are constitutionally permissible and acting pursuant to their special duties.” (CPL 2.20 [1] [c]; see also, People v Smith, 125 Misc 2d 782 [Crim Ct, Bronx County 1984] [where the court suppressed physical evidence seized as a result of a warrant-less search of a defendant’s residence by ASPCA agents and accompanying police officers].) It is well settled that warrantless searches are per se unreasonable, subject only to a few clearly delineated excepti…
Retrieving the full opinion text from the archive…
Vanderberg
v.
Biddlecome
v.
Biddlecome
No. 80-6875.
Supreme Court of the United States.
Oct 5, 1981.
Published
C. A. 7th Cir. Certiorari denied.