C. Search and Seizure

JurisdictionNew York

C. Search and Seizure

The Fourth Amendment provides:

The right of the People to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.374

The general rule is that "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment—subject only to a few . . . well-delineated exceptions."375

As the Court of Appeals stated in People v. Cantor, "[w]hether or not a particular search or seizure is to be considered reasonable requires weighing the...

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