PEOPLE v. BELTON


50 N.Y.2d 447 (1980)

The People of the State of New York, Respondent, v. Roger Belton, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1980.


Attorney(s) appearing for the Case

Paul J. Cambria, Jr., and Barbara Davies Eberl for appellant.

James R. Harvey, District Attorney (R. Michael Tantillo of counsel), for respondent.

Judges JONES, WACHTLER, FUCHSBERG and MEYER concur with Chief Judge COOKE; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.


Chief Judge COOKE.

A warrantless search of the zippered pockets of an unaccessible jacket may not be upheld as a search incident to a lawful arrest where there is no longer any danger that the arrestee or a confederate might gain access to the article.

On April 9, 1978, defendant and three companions were traveling on the New York State Thruway in Ontario County when their car was stopped by a State trooper...

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