Court of Appeals of New York

Defendant's motion to suppress evidence of a gun found when an officer searched her purse upon her arrest should have been granted, where: 1) in the context of warrantless searches of closed containers incident to arrest, the People bear the burden of demonstrating the presence of exigent circumstances in order to invoke this exception to the warrant requirement; and 2) the People failed to meet that burden in this case as a matter of law.

Appellate Information

• Decided 02/25/2014
• Published 02/25/2014

Judges

• LIPPMAN

Court

• Court of Appeals of New York

Counsel