eBook details
- Title: People State New York v. Roger Belton
- Author : Court of Appeals of New York
- Release Date : January 11, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
The United States Supreme Court having disagreed with our perception of the requirements of the Fourth Amendment to the United States Constitution and reversed our earlier decision, this case comes once again to this court. Defendant urges that, although the search in question has been held valid under the Federal Constitution, we should hold that it violated section 12 of article I of the State Constitution, a contention not confronted when the case was previously before us. The identical wording of the two provisions does not proscribe our more strictly construing the State Constitution than the Supreme Court has construed the Federal Constitution (see Sibron v New York, 392 U.S. 40, 60-61; Cooper v California, 386 U.S. 58, 62). We do not find it necessary to consider the Supreme Courts rationale as applied to our Constitution, however, for we now hold on a different rationale that the search and seizure were not improper under the State Constitution. The evidence sought to be suppressed was, therefore, admissible and defendants conviction should, in consequence, be affirmed.