Search for: "Payton v. New York" Results 1 - 20 of 96
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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]