New York Court of Appeals

The People of the State of New York v. Roger Belton

June 5, 198050 N.Y.2d 447

Summary

The Court reversed the Appellate Division, holding that the warrantless search of the defendant's jacket was not incident to a lawful arrest and therefore unlawful; the motion to suppress was granted and the indictment dismissed. Justice Gabrielli dissented, arguing that the search was permissible as incident to arrest.