· 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 CourtListenerSourced 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.