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Hankston V State, NO PD 0887 15Casetext Form

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number 82 the people of the state of New York versus Shawn Garvin council afternoon your honors tami-lynn four of appellate advocates for appellant Shawn Garvin I'd like to reserve one minute for rebuttal please one minute yes please thank you your honor there are four sound policy reasons for applying Payton to pre-planned warrantless doorway arrests first it would close the loophole to Harris in which this Court recognized that police have an incentive to violate Payton in order to question suspects without counsel second treating someone who opens the door the same as someone who invites the police inside would equate a submission to Authority with consent which is inconsistent with this Court's decision in Gonzales third and similarly we shouldn't protect the Fourth Amendment rights of those who are willing to ignore the only those who are willing to ignore the police are closed the door in an officer's face and fourth assessing the purpose of an int

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