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· 11/16/2016

Aitcheson v. Lowe

Citations

  • 2016 NY Slip Op 7614
  • 144 A.D.3d 848
  • 41 N.Y.S.3d 289

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “[i]f consent is given voluntarily, the ensuing search must be conducted within the scope of that -3- J-A18033-21 consent[, and t]he standard for measuring the scope of an individual’s consent is one of [‘]objective reasonableness[’]
  • requiring that consent be given during a lawful police interaction
  • finding defendant’s claim, that his consent to search “was not voluntarily given based on purported “stealth, deceit and misrepresentation” by police when they extended the duration of a traffic stop to allow time for a K-9 unit to arrive, to be meritless
  • failure to limit or revoke consent does not allow an officer carte balance to a limitless search
  • “‘Article I § 8 . . . generally provides greater protection . . . because the core of its exclusionary rule is grounded in the protection of privacy while the federal exclusionary rule is grounded in deterring police misconduct.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dillon, Dickerson, Duffy, Connolly

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.