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6 New York opinions name it 3 courts 1987–2026 4 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.
| Case | Followed | Cited |
|---|---|---|
People v. Fernandezgreen2 sentences2026Whether the proof meets this test must be determined by the circumstances of each case" ( People v Fernandez , 210 AD3d 693, 694 [internal quotation marks omitted]). 2024In this case, defendant counted the number of days between the occurrence of events relied upon and the issuance of the search warrant rather than assessing the state of facts existing in the past that gave rise to probable cause to determine whether those facts continue to exist at the time of the search warrant application. (see People v Ventura , 217 AD3d 507 , [1st Dept 2023].) Moreover, the determination of whether the proof meets this test must be determined by the circumstances of the case. (see People v Fernandez , 210 AD3d 693 [2nd Dept 2022] [quoting People v Padilla , 132 AD2d 578, | 1 | 3 |
People v. Padillagreen2 sentences2024In this case, defendant counted the number of days between the occurrence of events relied upon and the issuance of the search warrant rather than assessing the state of facts existing in the past that gave rise to probable cause to determine whether those facts continue to exist at the time of the search warrant application. (see People v Ventura , 217 AD3d 507 , [1st Dept 2023].) Moreover, the determination of whether the proof meets this test must be determined by the circumstances of the case. (see People v Fernandez , 210 AD3d 693 [2nd Dept 2022] [quoting People v Padilla , 132 AD2d 578, 2024In this case, defendant counted the number of days between the occurrence of events relied upon and the issuance of the search warrant rather than assessing the state of facts existing in the past that gave rise to probable cause to determine whether those facts continue to exist at the time of the search warrant application. (see People v Ventura , 217 AD3d 507 , [1st Dept 2023].) Moreover, the determination of whether the proof meets this test must be determined by the circumstances of the case. (see People v Fernandez , 210 AD3d 693 [2nd Dept 2022] [quoting People v Padilla , 132 AD2d 578, | 1 | 3 |
People v. Manngardgreen2 sentences2026Here, considering all of the relevant circumstances, including the nature of the property to be seized, namely, photographs and videos of underage children engaged in sexual [*2] activity, the information provided in an affidavit was not stale for the purposes of establishing probable cause ( see id. ; People v Manngard , 275 AD2d 378, 379 ). 2022Whether the proof meets this test must be determined by the circumstances of each case" ( People v Padilla , 132 AD2d 578, 578 [internal quotation marks omitted]; see People v Manngard , 275 AD2d 378 ). | 1 | 2 |
Sgro v. United Statesgreen2 sentences1998(People v Clarke, 173 AD2d 550 [2d Dept 1991].) “Whether the proof meets this test must be determined by the circumstances of each case” (Sgro v United States, 287 US 206, 210-211 [1932]), “considered in the clear light of everyday experience”. 1987Whether the proof meets this test must be determined by the circumstances of each case” (Sgro v United States, 287 US 206, 210-211 ). | 1 | 2 |
People v. Hanlongreen1 sentence1998(People v Hanlon, 36 NY2d 549, 559 [1975].) In this case, the practicalities do not dictate that the posting of signs on December 4, 1997 provides reasonable cause to believe they remained posted on January 21, 1998, the date of defendant’s arrest for trespass. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Town of East Hampton v. Omabuild USA No. 1, Inc.
green
2 sentences2024In this case, defendant counted the number of days between the occurrence of events relied upon and the issuance of the search warrant rather than assessing the state of facts existing in the past that gave rise to probable cause to determine whether those facts continue to exist at the time of the search warrant application. (see People v Ventura , 217 AD3d 507 , [1st Dept 2023].) Moreover, the determination of whether the proof meets this test must be determined by the circumstances of the case. (see People v Fernandez , 210 AD3d 693 [2nd Dept 2022] [quoting People v Padilla , 132 AD2d 578, 2024In this case, defendant counted the number of days between the occurrence of events relied upon and the issuance of the search warrant rather than assessing the state of facts existing in the past that gave rise to probable cause to determine whether those facts continue to exist at the time of the search warrant application. (see People v Ventura , 217 AD3d 507 , [1st Dept 2023].) Moreover, the determination of whether the proof meets this test must be determined by the circumstances of the case. (see People v Fernandez , 210 AD3d 693 [2nd Dept 2022] [quoting People v Padilla , 132 AD2d 578, | 2 | 2024–2024 |
People v. Freitag
green
1 sentence2022Here, considering all of the relevant circumstances, including the nature of the property to be seized, namely, the defendant's clothing worn at the time of the murder, the car in which he escaped, and weapons, the information provided in the affidavit was not stale for the purposes of establishing probable cause ( see People v Walker , 285 AD2d 660 ; People v Freitag , 148 AD2d 544 ). | 1 | 2022–2022 |
People v. Walker
green
1 sentence2022Here, considering all of the relevant circumstances, including the nature of the property to be seized, namely, the defendant's clothing worn at the time of the murder, the car in which he escaped, and weapons, the information provided in the affidavit was not stale for the purposes of establishing probable cause ( see People v Walker , 285 AD2d 660 ; People v Freitag , 148 AD2d 544 ). | 1 | 2022–2022 |
People v. Clarke
green
1 sentence1998(People v Clarke, 173 AD2d 550 [2d Dept 1991].) “Whether the proof meets this test must be determined by the circumstances of each case” (Sgro v United States, 287 US 206, 210-211 [1932]), “considered in the clear light of everyday experience”. | 1 | 1998–1998 |
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.