Does a search conducted by the New York City Police Service need to be conducted "contemporaneously" with the arrest of a defendant?

"New York", United States of America

The following excerpt is from People v. Williams, 114 N.Y.S.3d 815 (Table), 63 Misc.3d 1223 (A) (N.Y. Cty. Ct. 2019):

As to the second requirement, the search occurred several minutes after the defendant's arrest and therefore did not occur "contemporaneously" with the arrest (see People v. Gokey, 60 NY2d at 312 ).

Other Questions


What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
Does a search warrant need to be conducted "contemporaneously" with the arrest of a defendant? ("New York", United States of America)
If a search of a vehicle was conducted in close proximity to the vehicle and prior to the search, can the search proceed because it was incident to the arrest? (MultiRegion, United States of America)
Can a police officer conduct an inventory search of a vehicle lawfully in police custody? (MultiRegion, United States of America)
Is there any case law where a search conducted by a roving patrol of the United States Immigration and Naturalization Service is conducted without a warrant? (MultiRegion, United States of America)
Can a warrantless search that precedes an arrest fall within the search-incident-to-arrest exception? (MultiRegion, United States of America)
What is the test for qualified immunity in the context of a search of a home during which a police search resulted in a search warrant being issued for a drug dealer's home? (MultiRegion, United States of America)
What is the legal basis for a police officer to conduct a visual body cavity search of a person arrested for a misdemeanor? (MultiRegion, United States of America)
What is the test for establishing that a search conducted during search procedures during search and seizure was an intervening and superseding cause of criminal conviction? (MultiRegion, United States of America)
Is a search conducted by a police officer in a motel room valid when the officer has not yet made an arrest? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.