Belton rule (New York) · Go Syfert
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Belton rule in New York

5 New York opinions name it 2 courts 1983–1990 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
People v. Blasichgreen
ny · 1989 · cited in 2 New York opinions naming this issue, 1989–1990
2 sentences

1990In People v Langen ( 60 NY2d 170, 181 , cert denied 465 US 1028 ), the court emphasized that the Belton rule "requires both probable cause to search the automobile generally and a nexus between the probable cause to search and the crime for which the arrest is being made”, but in People v Blasich (supra, at 680 ), the court cautioned that the nexus requirement should not be viewed as a narrow, formalistic approach restricted to charges formally announced by the arresting officer.

1990In People v Langen ( 60 NY2d 170, 181 , cert denied 465 US 1028 ), the court emphasized that the Belton rule "requires both probable cause to search the automobile generally and a nexus between the probable cause to search and the crime for which the arrest is being made”, but in People v Blasich (supra, at 680 ), the court cautioned that the nexus requirement should not be viewed as a narrow, formalistic approach restricted to charges formally announced by the arresting officer.

12
People v. Langengreen
ny · 1983 · cited in 2 New York opinions naming this issue, 1989–1990
2 sentences

1990In People v Langen ( 60 NY2d 170, 181 , cert denied 465 US 1028 ), the court emphasized that the Belton rule "requires both probable cause to search the automobile generally and a nexus between the probable cause to search and the crime for which the arrest is being made”, but in People v Blasich (supra, at 680 ), the court cautioned that the nexus requirement should not be viewed as a narrow, formalistic approach restricted to charges formally announced by the arresting officer.

1990In People v Langen ( 60 NY2d 170, 181 , cert denied 465 US 1028 ), the court emphasized that the Belton rule "requires both probable cause to search the automobile generally and a nexus between the probable cause to search and the crime for which the arrest is being made”, but in People v Blasich (supra, at 680 ), the court cautioned that the nexus requirement should not be viewed as a narrow, formalistic approach restricted to charges formally announced by the arresting officer.

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
People v. Belton green
ny · 1980
2 sentences

1989References to the "Belton rule” or a "Belton search” are to our Belton II decision ( 55 NY2d 49 ), which followed the United States Supreme Court’s reversal of our decision in Belton I ( 50 NY2d 447 ).

1983In the first Belton case ( 50 NY2d 447 , supra), the Court of Appeals reversed, granted the motion to suppress and dismissed the indictment.

21983–1989
People v. Belton green
ny · 1982
2 sentences

1989References to the "Belton rule” or a "Belton search” are to our Belton II decision ( 55 NY2d 49 ), which followed the United States Supreme Court’s reversal of our decision in Belton I ( 50 NY2d 447 ).

1989Second, although the ultimate holding in Belton was based on the so-called "automobile exception” to the general rule requiring warrants, the aspect of the Belton analysis on which we rely concerns its insistence upon a logical and conceptual relationship between the property to he seized or searched and, the predicate for that action ( 55 NY2d, at 52-53 ).

21989–1989
Hall v. United States green
scotus · 1984
2 sentences

1990In People v Langen ( 60 NY2d 170, 181 , cert denied 465 US 1028 ), the court emphasized that the Belton rule "requires both probable cause to search the automobile generally and a nexus between the probable cause to search and the crime for which the arrest is being made”, but in People v Blasich (supra, at 680 ), the court cautioned that the nexus requirement should not be viewed as a narrow, formalistic approach restricted to charges formally announced by the arresting officer.

1990In People v Langen ( 60 NY2d 170, 181 , cert denied 465 US 1028 ), the court emphasized that the Belton rule "requires both probable cause to search the automobile generally and a nexus between the probable cause to search and the crime for which the arrest is being made”, but in People v Blasich (supra, at 680 ), the court cautioned that the nexus requirement should not be viewed as a narrow, formalistic approach restricted to charges formally announced by the arresting officer.

11990–1990
People v. Gokey green
ny · 1983
1 sentence

1989As is evident from our holding in People v Gokey, 60 NY2d 309 ), that portion of the Belton decision is not limited to automobile encounters, but rather extends to all so-called "grab area” searches. .

11989–1989
People v. Belton neutral
nyappdiv · 1979
1 sentence

1983Subsequently, Belton’s motion to suppress the cocaine was denied, and the denial was affirmed by the Appellate Division ( 68 AD2d 198 ).

11983–1983

Where else courts name it

IL 14 (2001–2011) ID 12 (1992–2012) IA 12 (1981–2024) WA 10 (1988–2010) NJ 9 (1991–2020) OH 8 (2002–2020) FL 7 (1981–2003) WI 7 (1985–2010) CA 6 (1990–2019) KS 5 (1984–2010) NY 5 (1983–1990) AZ 5 (2002–2007) CO 4 (1995–2009) ND 4 (1999–2003) PA 4 (1986–2015) MI 4 (1986–2019) MT 4 (1987–1992) TX 4 (1998–2003) MD 3 (2006–2015) GA 3 (1990–2001) SD 3 (1982–2024) VA 2 (1999–2010) SC 2 (2012–2014) DC 2 (1992–2010) VT 2 (2007–2007) NE 2 (1992–2000) CT 2 (1989–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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