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PEOPLE v. HALL

10 N.Y.3d 303 (2008)

886 N.E.2d 162

856 N.Y.S.2d 540

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AZIM HALL, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 2008.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Barbara Zolot and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Eric Rosen and Vincent Rivellese of counsel), for respondent.

Chief Judge KAYE concurs with Judge GRAFFEO; Judge CIPARICK concurs in result in a separate opinion in which Judge JONES concurs; Judge SMITH dissents and votes to affirm in another opinion in which Judges READ and PIGOTT concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case, we must consider whether it is constitutionally permissible for police to subject a person arrested for a drug sale to a visual body inspection followed by a body cavity search without first obtaining a warrant. We conclude that a visual body inspection may be conducted if the police have a factual basis supporting a reasonable suspicion that the arrestee has...

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