MATTER OF ERIK M.


265 A.D.2d 256 (1999)

697 N.Y.S.2d 35

In the Matter of ERIK M., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 28, 1999.


It is a basic tenet of constitutional law that, absent a search warrant, a search is unreasonable unless it falls within one of the specifically recognized exceptions to the warrant requirement (People v Hodge, 44 N.Y.2d 553, 557). The presentment agency argues that the police conduct in this case falls within the scope of one of those exceptions, namely, that it was a permissible administrative search. We cannot agree.

The...

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