PEOPLE v. GOKEY


60 N.Y.2d 309 (1983)

The People of the State of New York, Respondent, v. Joseph A. Gokey, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1983.


Attorney(s) appearing for the Case

Robert J. Hanrahan for appellant.

Lee Clary, District Attorney (Steven J. Greenblatt and Michael A. Gross of counsel), for respondent.

Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.


Chief Judge COOKE.

A duffel bag that is within the immediate control or "grabbable area" of a suspect at the time of his arrest may not be subjected to a warrantless search incident to the arrest, unless the circumstances leading to the arrest support a reasonable belief that the suspect may gain possession of a weapon or be able to destroy evidence located in the bag. There being no such exigency present at...

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