· 10/26/2023
People v. Restifo
Citations
- 220 A.D.3d 1113
- 199 N.Y.S.3d 247
- 2023 NY Slip Op 05425
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a county's failure to update a computer database was negligent and therefore \not enough by itself to require\ exclusion
- holding that the exclusionary rule applies only where it \result[s] in appreciable deterrence\ (alteration in original
- stating error was not systemic when witnesses testified that they could remember \no similar [error] ever happening on their watch\
- noting “[t]he fact that a Fourth Amendment violation occurred . . . does not necessarily mean that the exclusionary rule applies”
- “The extent to which the exclusionary rule is justified by these deterrence principles varies with the culpability of the law enforcement conduct”
- exclusionary rule inapplicable to police mistakes leading to unlawful search not the result of systemic error or reckless disregard of constitutional requirements
Source: CourtListener parenthetical corpus (CC0).
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.