warrantless search violation (New York) · Go Syfert
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warrantless search violation in New York

7 New York opinions name it 4 courts 1972–2025 3 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
Rivera-Corraliza v. Puig-Moralesgreen
ca1 · 2015 · cited in 3 New York opinions naming this issue, 2025–2025
2 sentences

2025This "test is a carefully-drawn screen that we—and all courts—must jealously protect, lest this particular warrantless-search exception destroy the Fourth Amendment" ( Rivera-Corraliza v Morales , 794 F3d 208, 217 [1st Cir 2015]).

2025This "test is a carefully-drawn screen that we—and all courts—must jealously protect, lest this particular warrantless-search exception destroy the Fourth Amendment" ( Rivera-Corraliza v Morales , 794 F3d 208, 217 [1st Cir 2015]).

33
United States v. Karen H. Amerson, United States of America v. Julius Gravesgreen
ca2 · 2007 · cited in 1 New York opinions naming this issue, 2013–2013
1 sentence

2013The balancing test to be applied where, as here, the petitioner complains of a warrantless search in violation of his privacy rights is: “(1) the nature of the privacy interest involved; (2) the character and degree of the governmental intrusion; and (3) the nature and immediacy of the government’s needs” (United States v Amerson, 483 F3d 73, 83-84 [2d Cir 2007]).

11

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
United States v. Jones green
scotus · 2012
1 sentence

2013Defendant, however, relies on the decisions of the United State Supreme Court in United States v Jones (565 US —, 132 S Ct 945 [2012]) and the New York Court of Appeals in People v Weaver ( 12 NY3d 433 [2009]) to support his contention that the pinging of his cell phone constituted an unreasonable search in violation of his rights under the Fourth Amendment.

12013–2013
People v. Weaver green
ny · 2009
1 sentence

2013Defendant, however, relies on the decisions of the United State Supreme Court in United States v Jones (565 US —, 132 S Ct 945 [2012]) and the New York Court of Appeals in People v Weaver ( 12 NY3d 433 [2009]) to support his contention that the pinging of his cell phone constituted an unreasonable search in violation of his rights under the Fourth Amendment.

12013–2013
United States v. Place green
scotus · 1983
1 sentence

1990The Thomas court distinguished Place (supra) and other canine sniff cases, reasoning that a defendant has a greater expectation of privacy in the contents of his apartment than in the contents of luggage that has been placed in the custody of a common carrier.

11990–1990
Karmun v. Commissioner green
scotus · 1985
1 sentence

1990Wheelings v United States, 474 US 819 ) which held that a dog sniff at a dwelling is a warrantless search in violation of the Fourth Amendment.

11990–1990
Miller v. United States green
scotus · 1958
1 sentence

1972This is particularly well expressed in Miller v. United States ( 357 U. S. 301, 313 , supra [1958]), where the court said: “We are duly mindful of the reliance that society must place for achieving law and order upon the enforcing agencies of the criminal law.

11972–1972

Statutes the citing opinions construe

NY § N.Y. Cannabis Law § 11 (3) NY § N.Y. Cannabis Law § 131 (3) NY § N.Y. Cannabis Law § 2 (3) USC § 7u.s.c.1639 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

ND 12 (1995–2026) PA 9 (1974–2025) TX 9 (1996–2018) CA 8 (1969–2020) WA 7 (1984–2019) NY 7 (1972–2025) NJ 7 (1980–2026) ID 6 (1976–2023) OH 6 (2014–2026) IL 6 (1975–2020) NV 5 (1997–2018) LA 5 (1985–2017) VA 4 (1987–2010) NE 4 (1989–2016) MN 4 (1985–2024) OR 4 (1984–2013) MO 2 (1997–2010) IN 2 (1996–2009) MI 2 (2025–2025) NC 2 (1986–2017) MT 2 (1978–1985)

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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