People v. Plummer

Appellate Division of the Supreme Court of New York

People v. Plummer

55 A.D.2d 1015, 391 N.Y.S.2d 211, 1977 N.Y. App. Div. LEXIS 10352

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 14, 1977

StatusPublished

This text of 55 A.D.2d 1015 (People v. Plummer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Plummer, 55 A.D.2d 1015, 391 N.Y.S.2d 211, 1977 N.Y. App. Div. LEXIS 10352 (N.Y. Ct. App. 1977).

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Opinion

Order unanimously reversed and motion denied. Memorandum: At the time defendant allegedly swung a weighted club at one of the arresting officers, that officer could have legitimately seized the weapon as evidence of the crime (see Coolidge v New Hampshire, 403 US 443). The mere fact that defendant in the officer’s presence subsequently placed the club back in the cab of his parked tractor-trailer did not require the officer to obtain a search warrant before seizing the club. The "weapon” was clearly within the plain view of the officer and the grant of the order of suppression was improper. (Appeal from order of Orleans County Court— motion to suppress.) Present — Marsh, P. J., Moule, Cardamone, Dillon and Goldman, JJ.

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Order unanimously reversed and motion denied. Memorandum: At the time defendant allegedly swung a weighted club at one of the arresting officers, that officer could have legitimately seized the weapon as evidence of the crime (see Coolidge v New Hampshire, 403 US 443). The mere fact that defendant in the officer’s presence subsequently placed the club back in the cab of his parked tractor-trailer did not require the officer to obtain a search warrant before seizing the club. The "weapon” was clearly within the plain view of the officer and the grant of the order of suppression was improper. (Appeal from order of Orleans County Court— motion to suppress.) Present — Marsh, P. J., Moule, Cardamone, Dillon and Goldman, JJ.

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Bluebook (online)

55 A.D.2d 1015, 391 N.Y.S.2d 211, 1977 N.Y. App. Div. LEXIS 10352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-plummer-nyappdiv-1977.

Opinion

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