Last week, the Supreme Court announced the groundbreaking decision of Arizona v. Gant, significantly limiting the police's ability to conduct searches of automobiles "incident to a lawful arrest" without either a warrant or probable cause. Before the Gant case, however, New York courts have consistently interpreted the State Constitution much more … [Read more...]
When Can the Police Pat You Down?
As an appropriate follow up on this post from Monday about the Court of Appeals, Second Circuit's decision a few days ago, the Supreme Court ruled on Monday about a related matter. In Arizona v. Johnson, the Supreme Court released a unanimous decision clarifying when a "pat down" for weapons is or is not in violation of the 4th Amendment … [Read more...]
Knowing When Police Are Allowed to Stop Your Car
The "Wait a Second!" blog recently reported on a decision by the Second Circuit, the Federal Appeals Court with Jurisdiction over New York, from January 8th, that clarifies and expands the rule on when the police can search a car. As background, the court is addressing the question of when a police officer may search someone's car without … [Read more...]