People v. Wood
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Pizzichillo (Appellate Division of the Supreme Court of New York 1988)
- People v. Cosme (N.Y. 1979)
- Grant v. State (Ark. 1979)
- State v. Folkens (Iowa 1979)
- The People v. Tramel Cuencas (N.Y. 2023)
- People v. Brooks (Appellate Division of the Supreme Court of New York 2017)
- People v. McFall (Appellate Division of the Supreme Court of New York 2010)
- People v. McMahon (Appellate Division of the Supreme Court of New York 1997)
- People v. White (New York Supreme Court 1996)
- People v. Segna (New York Supreme Court 1993)
- People v. Johnson (Appellate Division of the Supreme Court of New York 1992)
- People v. Walker (Appellate Division of the Supreme Court of New York 1989)
- People v. Sawyer (Appellate Division of the Supreme Court of New York 1987)
- People v. Bossett (Appellate Division of the Supreme Court of New York 1986)
- People v. Lott (Appellate Division of the Supreme Court of New York 1984)
- People v. Ponto (Appellate Division of the Supreme Court of New York 1984)
- People v. De Lauro (Appellate Division of the Supreme Court of New York 1984)
- People v. Michelsson (Appellate Division of the Supreme Court of New York 1984)
- People v. Van Buren (Appellate Division of the Supreme Court of New York 1982)
- State v. Frame (Or. Ct. App. 1980)
- People v. Benitez (Appellate Division of the Supreme Court of New York 1980)
- People v. Graham (Appellate Division of the Supreme Court of New York 1980)
- People v. Brown (Appellate Division of the Supreme Court of New York 1980)
- People v. Graham (Appellate Division of the Supreme Court of New York 1979)
- People v. Dolan (New York Supreme Court 1978)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
One who alone occupies a room in a hotel or an apartment in an apartment house is deemed to have exclusive possession and control over those premises — at least for purposes of search and seizure in the criminal law — and no third party may consent to their being entered or searched by the police. (See Stoner v. California, 376 U. S. 483; Chapman v. United States, 365 U. S. 610.) The case'before us, however, is quite different. Here, the bedroom, which was searched, was actually shared by the defendant — a roomer in a one-family house owned by Mrs. Dale — and the latter’s 10-year-old.son. Since that room was not set aside for the defendant’s exclusive possession or use, it follows that he had no reasonable expectation of privacy and that Mrs. Dale who, of course, had a right to enter her own son’s bedroom, was privileged to give consent to the search. (See, e.g., People v. Carter, 30 N Y 2d 279, 282; People v. Belin, 28 N Y 2d 861; People v. Kowalczyk, 20 N Y 2d 835; People v. Gallmon, 19 NY 2d 389, 392, cert. den. 390 ü. S. 911; People v. D’Iorio, 16 N Y 2d 551, modfg. on other grounds 22 A D 2d 853, revd. on other grounds 17 N Y 2d 808; see, also, Ringel, Searches and Seizures, Arrests and Confessions [1972], § 232, p. 290 et seq.)
The order appealed from should be affirmed.
Chief Judge Fuld and Judges Burke, Jasen, Jones and Wachtler concur in Per Curiam opinion; Judges Breitel and Gabrielli taking no part.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.