PEOPLE v. EVANS


43 N.Y.2d 160 (1977)

The People of the State of New York, Respondent, v. Allen Evans, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1977.


Attorney(s) appearing for the Case

Henrietta M. Wolfgang and Nathaniel A. Barrell for appellant.

Edward C. Cosgrove, District Attorney (John J. DeFranks and Judith Blake Manzella of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.


WACHTLER, J.

This case involves the elemental question of whether or not the existence of probable cause to arrest justifies a full search where the arrest was not made until one month after the search. Stated differently, the issue before us is whether a warrantless search of the defendant's person may be conducted solely on the basis of such probable cause. We hold that without a contemporaneous arrest such...

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