Overton v. New York, 212
| Decision Date | 28 October 1968 |
| Docket Number | No. 212,212 |
| Citation | 21 L.Ed.2d 218,89 S.Ct. 252,393 U.S. 85 |
| Parties | Carlos OVERTON v. NEW YORK |
| Court | U.S. Supreme Court |
Melvin L. Wulf and David C. Gilberg, for petitioner.
Carl A. Vergari and James J. Duggan, for respondent.
On Petition for Writ of Certiorari to the Court of Appeals of New York.
The petition for a writ of certiorari is granted. The judgment of the Appellate Term of the Supreme Court of New York is vacated, and the case is remanded for further consideration in the light of Bumper v. State of North Carolina, 391 U.S. 543, 88 S.Ct. 1788, 20 L.Ed.2d 797 (1968).
Mr. Justice BLACK dissents and would affirm the judgment of conviction. here.
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16 cases
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State In Interest of T.L.O.
...arisen. Cf. People v. Overton, 20 N.Y.2d 360, 362, 283 N.Y.S.2d 22, 24, 229 N.E.2d 596, 598 (N.Y.Ct.App.1967), vacated, 393 U.S. 85, 89 S.Ct. 252, 21 L.Ed.2d 218 (1968), adhered to, 24 N.Y.2d 522, 301 N.Y.S.2d 479, 249 N.E.2d 366 (N.Y.Ct.App.1969) (vice-principal had occasionally inspected ......
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Hoover v. Beto
...1971, 401 U.S. 646, 91 S.Ct. 1148, 28 L.Ed.2d 388 (announcing the standard of retroactivity). Moreover, in Overton v. New York, 1968, 393 U.S. 85, 89 S.Ct. 252, 21 L.Ed.2d 218 the Supreme Court remanded a case involving a pre-Bumper search for reconsideration in light of Bumper. The distric......
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Byars v. State
...coercion. Where there is coercion there cannot be consent.' Id. at 550, 88 S.Ct. at 1792. See also Overton v. New York, 393 U.S. 85, 89 S.Ct. 252, 21 L.Ed.2d 218 (1968) (per curiam). An officer must have a legal basis for obtaining access to private living quarters under the badge of his of......
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Foster v. State
...duress or coercion, actual or implied. Amos v. United States, 255 U.S. 313, 41 S.Ct. 266, 65 L.Ed. 654 [1921]; Overton v. N.Y., 393 U.S. 85, 89 S.Ct. 252, 21 L.Ed.2d 218 [1968]. The officers in the instant case were in plain clothes and no guns were visible or displayed. No representation w......
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