New York Court of Appeals
The People of the State of New York v. Leon Whitehurst
November 26, 196925 N.Y.2d 389
Summary
The Court held that the burden of proof to establish consent rested on the People because the detective's question was a request for a waiver, and therefore reversed the conviction and remanded for a new suppression hearing. Justice Scileppi dissented, arguing that no search occurred and the judgment should be affirmed.