(Download) "People State New York v. Alfred Schnitzler" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Alfred Schnitzler
- Author : Court of Appeals of New York
- Release Date : January 01, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Answering the only substantial question on this appeal, we hold that the Criminal Court Judge, when he issued the search warrant, had before him probable cause for such issuance in that he had ""reasonable ground of suspicion supported by facts and circumstances strong enough in themselves to warrant a cautious man in the belief that the law is being violated on the premises to be searched"" (People v. Marshall, 13 N.Y.2d 28, 34; see Brinegar v. United States, 338 U.S. 160, 175). The Supreme Court in United States v. Ventresca (380 U.S. 102, 108-109) said that probable cause cannot be made out by merely stating the belief of an affiant or an informer that probable cause exists without detailing the underlying circumstances upon which that belief is based. But the court went on (p. 109) to say this: ""However, where these circumstances are detailed, where reason for crediting the source of the information is given, and when a magistrate has found probable cause, the courts should not invalidate the warrant by interpreting the affidavit in a hypertechnical, rather than a commonsense, manner."" The Supreme Court in Ventresca indicated the proper approach to decision here when it wrote: