Skip to main content
· 3/10/1944

Weil v. Torres

Citations

  • 267 A.D. 888
  • 47 N.Y.S.2d 585

How courts have described this case

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

  • noting that courts generally read Article I, § 12, of the New York State Constitution in line with the Fourth Amendment
  • explaining that “reasonable cause” as used in N.Y. Crim. Proc. Law § 140.10(1) is equivalent to “probable cause.”
  • rejecting Gates test for search based on a warrant under state constitution
  • adhering to the “bright line” two prong test of Aguilar v Texas, 378 US 108 [1964] and Spinelli v United States, 393 US 410 [1969] in evaluating warrantless searches and seizures based on informant information in stead of adopting the Supreme Court’s “totality of the circumstances” test
  • \The New York State [C]onstitution's guarantees of ... due process are virtually coextensive with those of the federal Constitution.\
  • such admissions should be used carefully, only after careful consideration of all relevant circumstances indicates that there is a basis for finding reliability in the context of the particular case

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.