New York Court of Appeals

The People of the State of New York v. Thomas Johnson

July 7, 198359 N.Y.2d 1014

Summary

The Court of Appeals affirmed the Appellate Division's order, holding that the warrantless search of the defendant's shoulder bag was valid, that pre‑Miranda questioning was permissible to clarify a volatile situation, and that a retrial after a mistrial declared due to a deadlocked jury did not violate the double jeopardy clause. Justice Jasen concurred, agreeing with the result but offering different reasoning for the search and the questioning.