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FINE v. CITY OF NEW YORK

No. 373, Docket 75-7021.

529 F.2d 70 (1975)

Robert J. FINE, Plaintiff-Appellant, v. The CITY OF NEW YORK et al., Defendants-Appellees, Anthony Saladino et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided December 31, 1975.

Attorney(s) appearing for the Case

Dan Brecher, New York City, for plaintiff-appellant.

Michael A. Ambrosio, New York City (W. Bernard Richland, Corp. Counsel, New York City, on the brief, L. Kevin Sheridan, New York City, of counsel), for defendant-appellee City of New York.

Harold C. Harrison, Forest Hills, N. Y., for defendant-appellee Kornberg.

Barbara Shore Resnicoff, Asst. Atty. Gen. of N. Y. (Louis J. Lefkowitz, Atty. Gen. of N. Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for defendants-appellees Gaudelli and Kahn.

Before KAUFMAN, Chief Judge, and SMITH and MESKILL, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

In the last half-century, discussions of the effect of the exclusionary rule in criminal prosecutions have repeatedly quoted Cardozo's dictum, "the criminal is to go free because the constable has blundered." People v. Defore, 242 N.Y. 13, 21, 150 N.E. 585, 587 (1926). In this civil action for damages we are called upon to decide who may be held to pay for such blunders. Among the questions presented are whether a municipality...

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