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PEOPLE v. JIMENEZ

No. 23

22 N.Y.3d 717 (2014)

8 N.E.3d 831

985 N.Y.S.2d 456

2014 NY Slip Op 1262

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEFINA JIMENEZ, Appellant.

Court of Appeals of New York.

Decided February 25, 2014.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Richard Joselson , for appellant.

Robert T. Johnson , District Attorney, Bronx ( Noah J. Chamoy , Joseph N. Ferdenzi and Nancy D. Killian of counsel), for respondent.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The protections embodied in article I, § 12 of the New York State Constitution serve to shield citizens from warrantless intrusions on their privacy interests, including their personal effects. In the context of warrantless searches of closed containers incident to arrest, the People bear the burden of demonstrating the presence of exigent circumstances in order to invoke this exception to the warrant requirement...

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