PEOPLE v. GARVIN

No. 82.

30 N.Y.3d 174 (2017)

2017 NY Slip Op 07382

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN GARVIN, Appellant.

Court of Appeals of New York.

Decided October 24, 2017.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Tammy E. Linn of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Danielle S. Fenn , John M. Castellano and Joseph N. Ferdenzi of counsel), for respondent.

Wilmer Cutler Pickering Hale and Dorr LLP, New York City ( Mark G. Matuschak and Tiffany E. Payne of counsel), Lindsay A. Lewis , Amicus Curiae Committee of the National Association of Criminal Defense Lawyers, New York City and Richard D. Willstatter , Amicus Curiae Committee of the New York State Association of Criminal Defense Lawyers, White Plains, for National Association of Criminal Defense Lawyers and another, amici curiae.

Chief Judge DIFIORE and Judges GARCIA and FEINMAN concur; Judge FAHEY dissents in part in an opinion; Judge RIVERA dissents in an opinion in which Judge WILSON concurs, Judge WILSON in a separate dissenting opinion.


OPINION OF THE COURT

In this case, we are asked to overrule our prior decisions holding that a warrantless arrest of a suspect in the threshold of a residence is permissible under the Fourth Amendment, provided that the suspect has voluntarily answered the door and the police have not crossed the threshold. We decline to do so...

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