PEOPLE v. DWORKIN


30 N.Y.2d 706 (1972)

The People of the State of New York, Respondent, v. Mark Allen Dworkin, Marilyn Dworkin, Rhona C. Reiser and Eugene Hamond, Appellants.

Court of Appeals of the State of New York.

Decided April 26, 1972.


Attorney(s) appearing for the Case

William M. Kunstler and Everett M. Barlow for appellants.

Aldo L. DiFlorio, District Attorney (Shavasp Hanesian of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


MEMORANDUM.

The order of the Appellate Division denying the motion to suppress should be affirmed upon the ground that defendants have failed to demonstrate that the marijuana found in their automobile during the course of a border search must be declared inadmissible as the product of an unconstitutional search.

Border searches need not be based on probable cause and customs officials are privileged to stop and examine...

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