Search for: "Payton v. New York" Results 1 - 20 of 89
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26 Mar 2012, 9:06 am by Steve Hall
"John Payton, Lawyer Who Fought for Civil Rights, Dies at 65," is the New York Times obituary written by Dennis Hevesi. [read post]
23 Mar 2010, 6:04 pm by Brian Shiffrin
In People v Forbes (2010 NY Slip Op 02349 [4th Dept 3/19/10] the Appellate Division, Fourth Department found that there was a violation of the well settled requirement that "police officers need either a warrant or probable cause plus exigent circumstances in order to make a lawful entry into a home" (Kirk v Louisiana, 536 US 635, 638; see Payton v New York, 445 US 573, 589-590):Where, as here, the People contend that a suspect gave… [read post]
18 Dec 2010, 8:35 am
The Court of Appeals found warrentless entries into a home to make an arrest are "presumptively unreasonable" People v Molnar, 98 NY2d 328; Payton v New York, 445 US 573. [read post]
2 Nov 2007, 7:10 am
Rejecting an argument identical to the one that Gooch makes here--that a misdemeanor bench warrant not premised on a formal finding of probable cause does not lie within Payton's reach--the Second Circuit explained: The decision of the New York City Criminal Court Judge to issue a bench warrant constituted a finding made by a neutral magistrate that [the defendant] had failed to appear in a pending criminal matter. [read post]
1 Feb 2016, 7:05 am by Second Circuit Civil Rights Blog
New York and other cases has emphasized that "the Fourth Amendment applies with its greatest force in the home. [read post]
23 May 2022, 9:01 pm by Joseph Margulies
The day after the shooting, for instance, New York Republican Congressman and gubernatorial candidate Lee Zeldin called on Governor Hochul and the New York legislature to “bring back the death penalty. [read post]