People v. Evans

How courts have described this case

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

• concluding that “[t]o adopt the proposition that the search was valid because there was probable cause to arrest puts the cart before the horse. An arrest is an essential requisite to a search incident”
• stating “the police may not utilize the existence of probable cause as a trump card to justify warrantless personal searches”
• “[T]he police may not utilize the existence of probable cause as a trump card to justify warrantless personal searches. Unless and until a person is arrested, a full body search without a warrant or exceptional circumstances is constitutionally unreasonable.”
• ‘‘[T]he police may not utilize the existence of probable cause as a trump card to justify warrantless personal searches. Unless and until a person is arrested, a full body search without a warrant or exceptional circumstances is constitutionally unreasonable.”
• “The State cannot have it both ways, they must choose. Here the police made a deliberate choice that the [undercover status of the buyer] was more important than the immediate arrest of the defendant and they must be bound by that choice.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

61 cases in this archive cite this case; the 20 most cited are listed.

• State v. Crutcher
  Tennessee Supreme Court· 1999-04-12· cited 331×
• People v. Landy
  New York Court of Appeals· 1983-06-30· cited 186×
• People v. Hall
  New York Court of Appeals· 2008-03-25· cited 100×
• Commonwealth v. Washington
  Massachusetts Supreme Judicial Court· 2007-07-17· cited 85×
• State v. Ingram
  Tennessee Supreme Court· 2011-01-21· cited 81×
• People v. Dory
  New York Court of Appeals· 1983-06-07· cited 73×
• Commonwealth v. Skea
  Massachusetts Appeals Court· 1984-10-26· cited 61×
• People v. De Santis
  New York Court of Appeals· 1978-12-07· cited 58×
• People v. Graham
  Appellate Division of the Supreme Court of New York· 1995-05-02· cited 53×
• Belote v. State
  Court of Appeals of Maryland· 2009-10-13· cited 36×
• The People v. Graham Reid
  New York Court of Appeals· 2014-12-19· cited 35×
• Timberlake by Timberlake v. Benton
  M.D. Tennessee· 1992-01-29· cited 33×
• People v. Goggans
  Appellate Division of the Supreme Court of New York· 1989-11-27· cited 22×
• People v. Hadley
  Appellate Division of the Supreme Court of New York· 1979-04-13· cited 18×
• People v. Hoffman
  Appellate Division of the Supreme Court of New York· 1988-02-25· cited 17×
• Flores v. State
  Court of Special Appeals of Maryland· 1998-03-03· cited 16×
• People v. Graham
  Appellate Division of the Supreme Court of New York· 1979-07-26· cited 16×
• People v. Heston
  Appellate Division of the Supreme Court of New York· 1989-07-12· cited 16×
• Evans v. Solomon
  E.D. New York· 2010-01-19· cited 15×
• Thomas M. Butler v. United States
  District of Columbia Court of Appeals· 2014-11-06· cited 12×

Cites

14 cases in this archive are cited by this case.

• Chimel v. California
  Supreme Court· 1969-06-23· cited 6,512×
• People v. Crimmins
  New York Court of Appeals· 1975-02-25· cited 6,387×
• Schmerber v. California
  Supreme Court· 1966-06-20· cited 6,067×
• Sibron v. New York
  Supreme Court· 1968-06-10· cited 4,326×
• United States v. Marion
  Supreme Court· 1971-12-20· cited 3,756×
• People v. De Bour
  New York Court of Appeals· 1976-06-15· cited 2,736×
• United States v. Watson
  Supreme Court· 1975-10-06· cited 2,263×
• United States v. Lovasco
  Supreme Court· 1977-10-03· cited 2,170×
• Hoffa v. United States
  Supreme Court· 1966-12-12· cited 2,107×
• People v. Cantor
  New York Court of Appeals· 1975-02-18· cited 1,236×
• Cupp v. Murphy
  Supreme Court· 1973-05-29· cited 739×
• People v. Ingle
  New York Court of Appeals· 1975-04-01· cited 541×
• Riggs v. United States
  Supreme Court· 1973-10-09· cited 6×
• Skinner v. United States
  Supreme Court· 1969-12-08· cited 5×