New York Court of Appeals, 1981

People v. Caldwell

New York Court of Appeals · Decided May 14, 1981 · Cooke and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur in Memorandum Judge Jasen Concurs on Constraint of People v Belton (50 N.Y.2d 447)

53 N.Y.2d 933; 423 N.E.2d 404; 440 N.Y.S.2d 927; 1981 N.Y. LEXIS 2490

Cases that cite this one

6 later published cases cite this decision.

People v. Smith (Appellate Division of the Supreme Court of New York 1982)
In re Marrhonda G. (NYC Family Court 1991)
People v. Brooks (Appellate Division of the Supreme Court of New York 1985)
People v. Smith (N.Y. 1983)
People v. Levan (Appellate Division of the Supreme Court of New York 1983)
Krier v. State (Ga. 1982)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment dismissed.

At the time of defendant’s arrest, a closed cassette box on the ground near the defendant was seized. Once the police had possession of the box, there was no reason to expect the destruction of evidence. Nor was there any indication that the officers had reason to fear for their safety. The box should not have been opened until a search warrant had been obtained. The failure to follow that course impermissibly trespassed upon defendant’s privacy interests in the box and therefore mandated suppression of its contents (see, e.g., People v Roman, 53 NY2d 39; People v Belton, 50 NY2d 447, cert granted 449 US 1109).

Chief Judge Cooke and Judges Gabrielli, Jones, Wachtler, Puchsberg and Meyer concur in memorandum; Judge Jasen concurs on constraint of People v Belton (50 NY2d 447).

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.