Skip to main content
· 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).

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.