People v. Defore
New York Court of Appeals
242 N.Y. 13 (1926)
- Written by Arlyn Katen, JD
Facts
A police officer arrested and charged Defore (defendant) with petit larceny, a misdemeanor, for allegedly stealing an overcoat valued at less than $50. The officer did not witness the alleged larceny. The officer arrested Defore in the hallway of Defore’s boarding house, and then the officer searched Defore’s room and found a blackjack inside of a bag. As a result of that warrantless search, Defore was charged with a weapon-possession offense. Defore was acquitted of the larceny. Defore then challenged his weapon-possession charge. Defore’s motion to suppress the blackjack was denied, and he objected at trial when the state (plaintiff) offered the bag and its contents as evidence. Defore appealed, claiming that the search and subsequent admission of the blackjack at trial violated his right to be free from unreasonable search and seizure under New York statute.
Rule of Law
Issue
Holding and Reasoning (Cardozo, J.)
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